Weekly Digest Number 36 - September 6th, 2022

(Editor's Note: Last week, officials of three rail unions simply up and broke ranks after bargaining in Coalition for more than 2 1/2 years. This is not a positive development for rail labor's hopes and chances this round. They have since been joined by two more unions - the dispatchers and electricians.)

RWU Urges Fellow Rail Workers - Members of IAM, BRC, TCU, IBEW and ATDA - to VOTE NO!

RWU rolled out a VOTE NO! Campaign designed to defeat the Tentative Agreement which is soon to be placed to a vote of the membership of five unions: International Association of Machinists (OAM); Brotherhood of Railway Carmen (BRC); and the Transportation Communication Workers Union (TCU); International Brotherhood of Electrical Workers (IBEW); and the American Train Dispatchers Association (ATDA). 

As stated in our official position on the question of PEB #250 released 8/31/22, RWU affirms "our unequivocal opposition to any Tentative Agreement (TA) that refuses to transcend the narrow recommendations of PEB #250. If any proposal is simply a repackaging of the PEB without any substantial add-ons – especially regarding work rules – then RWU is compelled to oppose such a Tentative Agreement."

The last time RWU waged a VOTE NO! Campaign was eight years ago in the summer of 2014, when the BNSF and a renegade General Committee of SMART-TD offered up a Tentative Agreement to the workers on the former BN lines that would have instituted single person train crews had it been adopted. However, with RWU's assistance, the rank and file voted that TA down by a 5-to-1 margin, and to this day all freight trains on the BNSF and all Class One carriers run with a minimum of two on the train.

RWU has buttons and stickers available to any who want them AT COST through our online Store. Flyers and posters are also available. We encourage all railroaders who are party to these TAs to vote NO. If you are not sure why you should consider voting NO, please see the RWU flyer "Twelve Reasons for Railroad Workers to Vote NO on the Proposed Tentative Agreement."

US Freight Rail Crisis Threatens More Supply Chain Chaos

Federal regulators and the White House have been scrambling to prevent poor service and a possible strike from jamming up a vital but often overlooked network.

EARLY THIS SUMMER, farmers worried that millions of chickens in California’s Central Valley might soon peck each other to death. The birds were running perilously low on feed, which should have been delivered by Union Pacific Railroad from Midwestern corn producers. Foster Farms needed at least nine trainloads of corn each month to feed its tens of millions of chickens and turkeys, plus tens of thousands of dairy cows at its California facilities. But the trains weren’t showing up. Chickens can’t go long without eating—they become aggressive and turn to cannibalism—and if the feed didn’t arrive soon, the mega-flock would have to be euthanized.

Executives at Foster Farms began behaving like, well, chickens with their heads cut off. “Your failure to deliver is about to kill millions of chickens,” one incensed vice president at the company emailed a director at Union Pacific. “These dead animals will have to be picked up in dump trucks and taken to the local dumps. This is going to be an animal disaster, [and an] economic and media nightmare.”

After unsuccessfully pleading with another railroad for relief and paying more than $1.5 million on backup transportation modes like trucks, Foster Farms turned to the federal government. The company wrote in a June letter to the Surface Transportation Board, which regulates railroads, that Union Pacific had once provided service “with reasonable regularity … but has demonstrated, without any doubt, that it can no longer do so for the indefinite future under its current operating plans and priorities.” Two days later, the STB issued an emergency service order directing Union Pacific to prioritize corn shipments to Foster Farms. The chickens were spared—at least from starvation.

But rail service remained poor, not just at Union Pacific, and not just for chickens at Foster Farms. Since early this year, companies across numerous industries that ship goods via rail have issued increasingly stark warnings that the US freight system is in a state of crisis—complaining of weeks-long waits for trains, backed up facilities, clogged ports, and suspended business.

In April, the STB held hearings on the meltdown, where representatives from sectors including agriculture, energy, and chemicals joined trade unions to complain of poor service and working conditions. STB data says railroads cut their workforce by 45,000, or 29 percent, over the past six years, with pandemic furloughs pushing staffing levels past a tipping point. By late May, only 67 percent of trains arrived within 24 hours of their scheduled time, down from 85 percent pre-pandemic, according to data submitted to the STB by the four largest US freight railroads.

Worse, the US freight rail system is now poised on the brink of total paralysis because of a contract dispute between 115,000 rail workers and their employers.

READ MORE HERE...

(Editor's Note: The survey results of 3,152 workers who responded is overwhelmingly hostile to the PEB recommendations. The results are being picked up by various news outlets. The lopsided results from all crafts and all age groups and seniority contributed to RWU's decision to campaign for a NO vote on the recently announced TAs that mimic the PEB recommendations.)

RWU Surveys Rail Rank & File for Thoughts on PEB #250

In an effort to better understand railroad workers' thoughts and insights into the Report of Presidential Emergency Board #250, RWU invited all railroad workers who are party to the national freight agreement to take part in a brief 2-minute survey. Below are the results from the basic survey questions:

Have you had the opportunity to read and understand the Recommendations of PEB #250?

YES 3058 

NO 76

Have you had the opportunity to discuss with your coworkers the Recommendations of PEB #250?

YES 3036

NO 88

On a scale of 1 to 10, with 1 being worst and 10 being best, did the PEB meet your hopes and expectations for a good contract?

1 = 923

2 = 735

3 -= 592

4 = 353

5 = 241

6 = 120

7 = 90

8 = 59

9 = 12

10 = 14

If the PEB recommendations were offered to you by your union "as is" in the form of a Tentative Agreement, would you vote Yes or No? 

Yes = 218

No = 2917

Do you think that railroaders should exercise their right to strike on or after September 16th, as allowed under the Railway Labor Act? 

Yes = 3001

No = 132

What Union are you a member of?

SMART-TD - 707

BMWED - 638

BLET - 635

IAM - 298

BRC - 226

BRS - 215

IBEW - 178

TCU - 72

SMART Mechanical - 65

NCFO - 48

TWU - 27

ATDA - 17

IBBO- 9

READ MORE HERE ...

Train Conductor Killed in Train Derailment in El Paso, Texas

A train conductor was killed in a train derailment in El Paso, Texas, late Monday night, officials said.

Two train cars derailed, damaging a backyard shed, a fence, and a gas meter and leading to the evacuation of about 50 people from nearby homes, according to the El Paso Fire Department.

The victim was identified as 49-year-old Mario Aurelio Navarro, a conductor for Union Pacific, according to a news release from the El Paso Police Department. When the train derailed at around 10:30 pm in El Paso, one rail car flipped onto its side, then crashed into a backyard, striking the gas meter and causing a gas leak, say police.

A derailment device installed earlier that day while work was performed on the tracks had not been removed by the time of the crash, police said.

Despite this, the train engineer was given permission to proceed.

"As the conductor was guiding the engineer into the rail yard, the derailment device effected the derailment and the conductor was hit by the train car after it flipped onto its side," said police in the release.

READ MORE HERE...

Stand With Railroad Workers! Submit an Official Comment Against Wall Street Understaffing!

Railroad workers play an essential role in the nation's infrastructure. But they aren’t being treated that way -- in fact, Wall Street firms are stripping railroad companies down to their parts and shaking them dry.

One way that they’re doing this is cutting crews in half, leaving some conductors alone in the cab for full shifts. These “one-man crews” are a dangerous innovation that endangers the conductors and America’s supply chains. Right now, the Federal Railroad Administration is deciding whether to ban this dangerous practice - - and we’re asking you to submit a comment in support of the proposed rule.

Click here to use our simple comment submission tool to stand with railroad workers against dangerous one-man crews!

READ MORE HERE ...

Impasse in Labor Talks Continues as Possible Freight Rail Strike Looms

The remaining unions that are still negotiating with the freight railroads on a new labor contract are grappling over wages and benefits, while a union coalition’s survey points to broad potential support for a strike.

Meetings last week between labor and the freight railroads didn’t lead to any tentative agreement language that the operating crafts could accept, according to a joint statement from the heads of two of the larger rail unions.

However, union representatives “remain committed” to negotiations over key issues such as wages, quality of life, attendance and voluntary time off, said Dennis Pierce, president of the Brotherhood of Locomotive Engineers and Trainmen (BLET), and Jeremy Ferguson, president of SMART-TD, in the Friday statement. SMART-TD stands for International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division.

“Our goal is and always has been to reach a voluntary agreement that is worthy of our membership’s consideration. As we approach the final stages of the steps of the Railway Labor Act, we appreciate our members’ continued support,” the joint statement said. “We have made it abundantly clear to the Carriers that we are prepared and willing to exercise every legal option available to us, to achieve the compensation and working conditions that we and our families rightfully expect and deserve.”

While BLET and SMART-TD were unable last week to reach a tentative agreement with the freight railroads, three smaller unions — the Transportation Communications Union (TCU)/IAM (International Association of Machinists), Brotherhood of Railway Carmen and International Association of Machinists and Aerospace Workers — did. Those unions are now sending that agreement to their members for ratification.

Those three unions represent nearly 11% of the more than 144,000 rail union members seeking a new contract. That contract calls for a 24% wage increase during the five-year period from 2020-24, with a 14.1% pay bump effective immediately.

READ MORE HERE ....

(Editor's Note: The grand coalition of all rail labor collapsed almost overnight without a whimper, as officials of three rail unions, now five, broke ranks and settled for the PEB recommendations even while nine others (now seven) wish to fight on. This of course does not bode well for such "coalitions" going forward.)

Railroads, Three Unions Reach Tentative Labor Agreements

The National Carriers’ Conference Committee (NCCC) announced yesterday that the freight railroads have reached tentative agreements with the Transportation Communications Union/IAM, Brotherhood of Railway Carmen and International Association of Machinists and Aerospace Workers.

Together, the three unions represent more than 15,000 rail employees. The NCCC is representing the nation's major freight railroads in the negotiations.

The tentative agreements call for implementing the Presidential Emergency Board's settlement recommendations. The pacts are the first to be reached since the PEB issued those recommendations on Aug. 16, National Railway Labor Conference (NRLC) officials said in a press release.

The tentative pacts include a 24% wage increase during the five-year period from 2020 through 2024 — with a 14.1% wage increase effective immediately — and five annual $1,000 lump-sum payments. A portion of the wage increases and lump-sum payments are retroactive and will be paid out promptly upon ratification of the agreements by the unions’ membership.

"It is critical for all stakeholders — including customers, employees and the public — that all parties promptly resolve the negotiations and prevent service disruptions. Accordingly, we look forward to additional discussions with the unions that have not yet reached tentative agreements and will continue seeking voluntary agreements based on the PEB’s recommendations," NRLC officials said.

Nine other unions have yet to reach an agreement with the railroads. Under the Railway Labor Act, the railroads and the unions remain in a 30-day “cooling-off” period. Voluntary settlements with all unions would avert any potential disruptions to rail service after the cooling-off period ends Sept. 16, said NRLC officials.

The dozen unions represent a combined 115,000 rail workers in the United States.

READ MORE HERE...

FTA to MBTA: Additional Safety Changes Needed

Following a Safety Management Inspection of the Massachusetts Bay Transportation Authority’s (MBTA) rail transit system, the Federal Transit Administration (FTA) issued a report of findings on Aug. 31 and informed both the MBTA and the Massachusetts Department of Public Utilities (DPU), the state agency charged with Authority oversight, that safety changes, in addition to those announced in June, are needed.

According to FTA, the new Special Directives—which require an FTA-regulated transit agency or oversight agency to “take immediate action” on safety issues within a specific period—call for MBTA to “address personnel, deficiencies and inadequate operating conditions, policies, procedures and training that compromised a culture of safety at the agency.”

In June, Railway Age sister publication RT&S reported that the four Special Directives issued to the MBTA included:

• Operator Control Center staffing.
• General safety operating procedures.
• Delayed critical maintenance.
• Lapses in staff safety certifications.

(On July 14, MBTA reported on its progress to address ongoing safety concerns stating that, to date, it had met all of FTA’s deadlines and requirements in response to the four Special Directives issued.)

The FTA on Aug. 31 also issued one additional Special Directive to the DPU requiring the state agency to “improve its capacity to provide effective safety oversight of the MBTA,” adding that “all State Safety Oversight Agencies are expected to effectively implement their oversight programs to ensure rail transit agencies comply with Federal safety requirements and best practices.”

READ MORE HERE ...

(Editor's Note: In this podcast, Margaret Flowers of PopularResistance.org interviews UP locomotive engineer Michael Lindsey.)

The Pending Railroad Workers Strike is a Fight for All Railroad Workers

Railroad workers voted overwhelmingly this year to go on strike after more than two years of contract negotiations. The Biden administration prevented a strike by appointing a Presidential Emergency Board (PEB) to hold hearings. That board released its recommendations recently. Clearing the FOG speaks with Michael “Paul” Lindsey, a railroad engineer and member of Railroad Workers United, about the deterioration of working conditions, workers’ response to the PEB and the high likelihood of a national strike this Fall. Lindsey explains why the railroad worker’s plight is similar to that of many workers in the United States and around the world and the importance of solidarity if a strike occurs.

Safety Board Issues Report on 2020 Fatal Remote-Control Accident on CSX

WASHINGTON – CSX Transportation’s failure to fully mitigate the risk of freight cars rolling off a yard track and onto the Acca Yard lead in Richmond, Va., was the probable cause of the death of a remote-control operator in October 2020, the National Transportation Safety Board said in an Aug. 30 report on the incident.

A contributing factor, the safety board said, was the remote-control operator riding on the lead freight car while operating the train, which collided with a cut of three cars he had previously kicked on track 12. Those cars rolled back onto the lead, fouling his train’s path, the safety board said.

The RCO, Ryan Sandy, 37, had worked as a conductor for CSX since 2008 and became qualified as an engineer in 2015. He had experience working the job alone on an assignment that was usually handled by a two-person crew, the NTSB said.

The report says the fatality occurred at 2:17 a.m. on Oct. 12. The train, yard job Y-39311, was traveling about 4 mph at the time of the collision. It was raining at the time, which likely reduced Sandy’s ability to see the kicked railcars, the NTSB said.

“During interviews, the CSX trainmaster, yardmaster, and several RCOs stated that they were aware that tracks 11–14 had occasional rollbacks due to a hump in the area caused by a grade issue, and that rollbacks occurred most frequently on track 12,” the NTSB said.

“Before the accident, CSX regraded the area to resolve the issue; however, a slight grade remained on tracks 11-14,” the safety board said.

After the accident CSX revised its yard switching procedures to mandate that workers only couple and shove cars into tracks 11-14 at Acca Yard.

READ MORE HERE ...

Amtrak, Freight Railroads Maintain Positions in Latest Gulf Coast Filings

WASHINGTON — The latest round of filings in the Amtrak Gulf Coast dispute essentially find the parties stating their old arguments in new ways. Amtrak again argues CSX Transportation and Norfolk Southern fail to show two daily passenger round trips between New Orleans and Mobile, Ala., will cause unreasonable impairment to freight service, while the freight railroads say Amtrak’s latest evidence to the contrary is “transparently flawed.”

The latest filings with the Surface Transportation Board, from Amtrak, CSX, NS, and the Alabama State Port Authority, came last week as responses to supplemental evidence presented in July [see “Amtrak again argues …,” Trains News Wire, July 29, 2022, and “Host railroads tell regulators …,” News Wire, July 29, 2022].

Amtrak’s 120-page reply argues the latest CSX and NS filing fails to meet the burden of proof to show impairment. It says that when their supplemental filings’ “tables and charges showing impacts on freight transportation are converted from percentages to real numbers, it is obvious that the effects of Amtrak’s Gulf Coast service are negligible, and well within the range of service variability that CSX and NS regularly experience.” It also claims that CSX’s use of “unplanned recrew” statistics “do not provide any meaningful insights into customer impacts,” and that the host railroads’ “true aim … is to convince the Board that passenger service is less important than freight service.”

READ MORE HERE ...

Union Pacific Derailment Spills Asphalt into Creek

HAMPTON, Iowa — A Union Pacific derailment early Monday morning spilled asphalt into a creek, WOI-TV reports.

No injuries were reported from the 44-car derailment, which occurred about 3:30 a.m. on a bridge over Otter Creek, north of Hampton, and sent some cars into the creek. Hazardous materials teams remained on the scene as of Monday afternoon, with Union Pacific saying in a statement that the asphalt spill has been contained.

Hampton, in northeastern Iowa, is about 95 miles northwest of Cedar Rapids.

READ MORE HERE ...