Rail & Labor News from RWU
Special Report
Number 7A for February 16th, 2023
Welcome to the RWU Rail & Labor News! This news bulletin is produced and emailed out each Tuesday morning. NOTE: This is a special mid-week bulletin we send out as needed. We hope you find each week's news and information useful. If so, please share with co-workers, friends, and colleagues. If you like, you can sign them up to get all the news from RWU HERE. Or forward them the link. Note: If you read over this news bulletin each week, you will be sure to never miss the important news of what is going on in the railroad world from a worker's perspective!

Dear Readers: This Special Issue of the RWU Rail & Labor News is presented here MIDWEEK due to overwhelming media coverage of the East Palestine, OH wreck. RWU is proud to take credit for this broad coverage. Our Media Outreach Team of 15 working and retired railroaders has done a stellar stand-up job of getting the word there. See some of the best below. We hope to build support for safety regulations and legislation to stop the carriers' worst excesses and abuses, and to mandate at a minimum, the following: preservation of the standard two-person crew; a restriction on train length; adequate time off work to mitigate fatigue; adequate and proper staffing to get the job done safety and efficiently; a phase-in of ECP braking on all railcars and trains; real safety programs that pinpoint hazards, not worker behaviors. Achieving any of this ambitious program will be tough. That's just one of many reasons why the railroads need to be publicly owned and run in conjunction with the railroad workers themselves. Read on!!
(Editor's Note: RWU Co-Chair and locomotive engineer Ross Grooters joins Amy Goodman and others to discuss the Ohio wreck and the ongoing debacle.)
“Bomb Train” in Ohio Sickens Residents After Railroad Cutbacks, Corporate Greed Led to Toxic Disaster

RWU Co-Chair Ross Grooters joins Amy Goodman on Democracy Now!
Fears of a wider health and environmental disaster are growing, after a 150-car freight train operated by Norfolk Southern derailed and a so-called controlled burn released toxic chemicals last week in East Palestine, Ohio. Residents reported seeing a fireball and mushroom cloud of smoke fill the skyline. Data released by the Environmental Protection Agency shows the train contained more toxic and carcinogenic chemicals than initially reported, including phosgene, a poisonous gas that has been used as a chemical weapon in war. Officials lifted an evacuation order for residents last Wednesday, saying the air and water were safe, but residents have reported sore throats, burning eyes and respiratory problems, and wildlife has been found dead. Meanwhile, scrutiny has turned onto Norfolk Southern, which in recent years has challenged regulatory laws aimed at making the rail industry safer and made mass cuts to railroad staffing while spending billions on stock buybacks and executive compensation. We get an update from Emily Wright, community organizer based near the site of the derailment; Ross Grooters, a locomotive engineer and co-chair of Railroad Workers United; and Julia Rock, an investigative reporter with The Lever.
(Editor's Note: RWU Steering Committee Member and Trackworker Matt Weaver joins the former host of The Daily Show Jon Stewart and others to discuss the train wreck at East Palestine, Ohio.)
The Ohio Train Disaster: A Tale of Corporate Greed and Civil War-Era Brakes

RWU Steering Committee Member Matt Weaver joins Jon Stewart and others
A freight train derailed in Ohio and released a mushroom cloud of toxic chemicals—so why has the media buried this story? This week, we’re breaking down the shocking but predictable conditions that led to this accident, how rail companies have chosen profits over safety, and what regulatory changes should be made to avoid a mess like this again. Our guests are Julia Rock, reporter at The Lever; Matt Weaver, Ohio legislative director for BMWED-IBT and member of the Railroad Workers United ISC; and Julie Grant, managing editor and senior reporter for The Allegheny Front. We’re also joined by writers Alexa Lofus and Henrik Blix, who share their thoughts on alien encounters and America’s new policy of shooting random things out of the sky.
(Editor's Note: The Trump Administration - including Elaine Chou at Secretary of Transportation and Ron Batory at Administrator of the FRA did a hatchet job on rail safety, giving the freight railroads free reign to pretty much do what they wanted. Will President Biden, DOT Secretary Pete Buttigieg, and FRA administrator Amit Bose turn this around? So far things are not looking promising.)
Progressives Demand Buttigieg Act on Rail Safety Amid Toxic Ohio Disaster

The transportation secretary's refusal to fortify freight train regulations and crack down on Norfolk Southern "only signals to the railroads that this type of incident will be tolerated," said one watchdog.
Progressives are demanding that U.S. Transportation Secretary Pete Buttigieg improve rail safety regulations in response to the unfolding public health disaster in East Palestine, Ohio—the site of a recent fiery train crash and subsequent "controlled release" of toxic fumes that critics say was entirely avoidable.
"The Obama administration attempted to prevent dangerous derailments like the one in East Palestine by mandating better brake systems on freight trains," Jeff Hauser, executive director of the Revolving Door Project, said Tuesday in a statement. "But this effort was watered down thanks to corporate pressure, first by writing in many exemptions to the proposed rules and then, under [former President Donald] Trump, by repealing the requirement altogether."
Recent reporting from The Lever revealed that Buttigieg's Department of Transportation (DOT) "has no intention of reinstating or strengthening the brake rule rescinded under Trump," said Hauser. "Additionally, The Leverreports that the train was not being regulated as a high-hazard flammable train, despite it clearly being both high-hazard and flammable. These types of failures to protect the public are invited by perpetual lax enforcement and laziness toward even getting back to the too-low regulatory standards under Obama."
"Now, all eyes are on Secretary Buttigieg," he continued. "For too long he has been content to continue the legacy of his deregulatory predecessor, Elaine Chao, rather than immediately moving to reverse her legacy upon becoming secretary."
"Norfolk Southern's environmental disaster is the latest in a long string of corporate malfeasance committed right under the secretary's nose," Hauser observed, referring to the company that owns the derailed train. "As I've warned before, corporations do not respect Buttigieg as a regulator."
Noting that "Chao justified letting trains run without proper brakes because the safety requirement failed a so-called cost-benefit analysis," Hauser cautioned that "this type of analysis is invariably weighted against fully accounting for the health and environmental benefits a regulation provides."
"Buttigieg should call out the brake rule repeal for the horrendous decision it was, start working to implement a new rule, take Norfolk Southern to task, and push back on corporations deciding how the DOT regulates them," he added. "Anything short of that only signals to the railroads that this type of incident will be tolerated."

(Editor's Note: In a fit of generosity, Norfolk Southern announced that it will fork over a grand total of $25,000. After being shamed, and lampooned by cartoons like the one below, a few days late they amended this despicable amount.)
(Editor's Note: RWU and rail workers are breaking into the mainstream media once again. CBS ran this story Wednesday 2/15/23 with national TV reports Wednesday.)
Excess Size Caused Train to Break Down in Days Before it Derailed in Ohio, Employees Say

BY MICHAEL KAPLAN
FEBRUARY 15, 2023 / 4:19 PM / CBS NEWS
When Norfolk Southern train 32N derailed in Ohio earlier this month, it was not the first time it had experienced problems on the route.
The train, which originated from Madison, Illinois, on the evening of Feb. 1, broke down at least once before derailing in East Palestine, Ohio, on Feb. 3, according to employees familiar with the matter.
The employees say there were concerns among those working on the train over what they believed was the train's excessive length and weight — 151 cars, 9,300 feet long, 18,000 tons — before it reached East Palestine, which contributed to both the initial breakdown and the derailment.
In the two weeks since, many residents who were home at the time of the derailment, or who returned after authorities conducted a "toxic release" of the hazardous chemicals on board, have told CBS News they are suffering from headaches, rashes, respiratory problems and painful coughing.
"We shouldn't be running trains that are 150 car lengths long," one of the employees said. "There should be some limitations to the weight and the length of the trains. In this case, had the train not been 18,000 tons, it's very likely the effects of the derailment would have been mitigated."
Feinberg said longer trains are more efficient for the railroad companies and its executives, but more challenging for the crews tasked with making repairs mid-route, a job that requires walking the length of the train to identify problems. 
The employees described a system stretched to its limits.
"The workers are exhausted, times for car inspections have been drastically cut, and there are no regulations on the size of these trains," said one employee.
In East Palestine, 38 train cars derailed, causing a fire that damaged an additional 12 cars. On Sunday, Norfolk Southern gave the Environmental Protection Agency a list of train's contents that showed 11 of the cars that derailed carried hazardous material, including known carcinogens vinyl chloride and ethylhexyl acrylate.
The National Transportation Safety Board is currently investigating the derailment. In a statement Tuesday, the agency said it had "identified and examined the rail car that initiated the derailment," and cited surveillance video that "showed what appears to be a wheel bearing in the final stage of overheat failure moments before the derailment."
The derailment has shined a spotlight on Precision Schedule Railroading, or PSR, a strategy that has been widely adopted across the railroad industry and is intended to increase efficiency and reduce costs. Norfolk Southern implemented PSR in 2018.
According to a December report by the Government Accountability Office, PSR led to longer trains and an overall staff decrease of about 28% among the nation's seven largest freight railroads, which includes Norfolk Southern. 

(Editor's Note: Of course every railroad worker in Train and Engine service knows the answer to this question: HELL YES! Below Andrew Dorn speaks with RWU Trustee and retired engineer of 40 years Jeff Kurtz about this issue.)
Did Train Length Play a Role in Ohio Derailment?

Posted: FEB 15, 2023
(NewsNation) — As officials continue to investigate the cause of a train derailment near East Palestine, Ohio, that included 10 cars carrying hazardous materials, some industry experts fear such incidents could become more common.
Much of that concern is due to the fact that trains have become longer and heavier over the years, according to one former rail engineer.
“Long trains will cause all kinds of problems because of the logistics of running a train like that,” said Jeff Kurtz, an Iowa-based, retired BNSF engineer of more than 40 years.
Longer trains are harder to stop, there are more components that can malfunction and when things go wrong, the consequences can be devastating, Kurtz pointed out.
January presentation by the Federal Railroad Administration (FRA) showed that in recent decades, the percentage of freight accidents on major tracks with 150 or more railcars has increased. Longer trains, though, have also become more common over that time period.
Investigators have not officially determined if length played a factor in the eastern Ohio crash, but the Norfolk Southern train that derailed was reportedly 150 cars long, according to the federal government.
Data shows freight trains have been getting longer over the years.
From 2008 to 2017, the average train length grew by 25%, according to a report from the Government Accountability Office. One of the railroads studied regularly ran trains as long as 3 miles, the report found.
Railroads haven’t been shy about the move toward longer, heavier trains, which have boosted productivity and efficiency.
In its 2021 annual report, Norfolk Southern touted the successful conclusion of its three-year plan to investors. During that time period the company said it had reached “record productivity levels” by “improving” average train weight 21% and average train length 20%.
On its website, Union Pacific says it has increased train length by 16% systemwide since 2018 and that additional increases remain a main area of focus.

(Editor's Note: In this podcast, Nick Wurst - freight conductor and RWU member - talks with the host of "Time to Say Good-by" about the nature of the rail industry and how the profiteering of Wall Street is manifesting in worsening working conditions, and a decline in safety and efficiency on the railroad.)
Another Train Derails, with Freight Conductor Nick Wurst
Hello from an ongoing ecological disaster! 
Our guest this week is Nick Wurst, a freight-rail conductor and a member of the SMART-TD union, who joined Tammy and Jay after an overnight shift. Nick is also a socialist and a member-organizer with Railroad Workers United, a cross-union solidarity organization. He was featured in Tammy’s recent New Yorker piece about the state of union power in the U.S. 
On Friday, February 3, a train carrying volatile chemicals derailed in East Palestine, Ohio, releasing dangerous fumes and forcing the town to evacuate. State and federal authorities encouraged residents to return to their homes after a “successful” controlled release of the substances, but many are skeptical that the air is safe to breathe, given reports of animals dying en massehighly acidic rain, and the post-industrial area’s baseline pollution levels
Nick explains how corporate avarice—encapsulated in the ideology of “precision scheduled railroading”—and government complicity led to this dangerous derailment. He tells Jay and Tammy how railroad companies successfully lobbied against common-sense safety regulations, and what feels different about this disaster, despite rising rates of train derailment. Nick connects the accident in Ohio to last year’s threatened rail strike, a fight which was widely mischaracterized and eventually squashed by Biden and a Democratic Congress. How drastically has precision scheduled railroading changed conditions on the railroads? What can be done to rein in this greedy industry and the existential dangers it poses to us all?  
(Editor's Note: In the wake of the East Palestine wreck, RWU Treasurer Hugh Sawyer and RWU Co-Chair Ross Grooters speak with Sarah Lazare, editor of Workday Magazine and explain why the rail industry should be publicly run like other basic national transportation infrastructure.)
To Prevent Future Rail Tragedies, We Need to Nationalize the Rail System

“Corporate greed [is] turning railroads into banks to extract billions and billions of dollars from what should be critical infrastructure.”

SARAH LAZARE FEBRUARY 15, 2023
On February 3, a freight train carrying hazardous materials derailed in East Palestine, Ohio, resulting in a massive explosion that released toxic plumes into the atmosphere. Among the cars that derailed were five carrying vinyl chloride. Exposure to this chemical is associated with increased risks of certain cancers. Norfolk Southern, the $53.6 billion company behind the disaster, has been active — and successful—in lobbying against safety improvements. 
The environmental disaster resulted in the evacuation of at least 5,000 nearby residents, and the company’s controlled burn is releasing hydrogen chloride and phosgene. The latter was used as a weapon in World War I — it can cause difficulty breathing and vomiting. Despite the magnitude of the catastrophe, it has garnered little political debate and a muted response from the Biden administration, even as concerned analysts point to the failure of the federal government to properly regulate the industry as a root cause of the derailment.
Railroad workers have long been warning about the public health risks posed by an industry that, they argue, prioritizes profits over safety and worker wellbeing. The industry’s turn to precision scheduled railroading—in which freight systems are run with fewer workers, less downtime and longer and heavier trains — has been criticized by workers as a dangerous model that encourages lax safety standards. These concerns were among the grievances aired by railroad workers gearing up for a possible strike at the end of 2022, before their right to strike was blocked by Congress and the Biden administration. 
We spoke with two workers from Railroad Workers United (RWU), a rank-and-file union movement that has been publicly criticizing the greed of the rail industry and, increasingly, calling for public ownership. Hugh Sawyer is the treasurer for RWU and a locomotive engineer for Norfolk Southern, who works between Atlanta and Chattanooga, and has spent 35 years on the rails. Ross Grooters, co-chair of RWU, is a locomotive engineer based in central Iowa. ​“We need to re-regulate the railroads,” says Grooters, ​“and hold them accountable for what they’re doing.”
These conversations were held separately, but we have spliced them together and edited them for clarity.

(Editor's Note: Coming on the heels of the major contract fight of freight rail workers last fall, the East Palestine wreck further mobilizes and outrages rail workers and citizens alike. Now is the time to document all of this and move the struggle forward - as the previous article makes clear - towards public ownership of the rail infrastructure. Please DONATE to make the RWU film series a reality! See below for more details.)
RWU to Produce Film Series to Elevate Rail Issues
RWU is contracting with WorkFriends, a pro-union media strategy firm run by filmmaker & strategist Peter Lyngso to run a video campaign to elevate our call for Public Ownership of the Railroads. The recent catastrophic wreck in Ohio will provide us a springboard to make the case that the health and safety of our communities, the vibrancy of our economy, and the well-being of all of us are way too important to be left to a small cabal of extremely wealthy self-interested Fortune 500 corporations. We have long needed a way to tell the stories of the people behind our efforts. Whether it be around the fight to preserve the two-person crew; the effort to stop long and heavy trains; our struggle to achieve a universal bargaining coalition of all railroad workers/unions; and bringing the railroads under public ownership among them. To get an idea of what we aim to create, watch any of the videos Peter collaborated with More Perfect Union to create, such as the BNSF Hi Viz Policy with 160,000 views
or this, about the Kellogg Workers Strike. Or this one about a Walk-out of Amazon Workers led by Amazonian’s United Chicagoland.
Peter is ready to get started. He is excited to help use his talents to bring the railroad workers' struggle forward. He is committed to amplifying our message of healthy and safe working conditions, of proper and adequate staffing, of building union solidarity and power across crafts; and of bringing the railroads under public control. All we need now is to raise the funds to put him in the field and turn him loose. Please donate today!