Weekly Digest Number 28 - July 11th, 2023

(Editor's Note: It has been 10 years since this terrible train wreck and tragedy. The rail industry - in both Canada and the U.S. - appears as out of control, irresponsible, and dangerous as ever. It is time for rail workers and unions, environmentalists, trackside communities, passengers and others to build a broad-based movement to reign these companies in. RWU believes that ultimately, the only way is through public control of the railroads.)

The Lac Mégantic Rail Disaster: Ten Years Later

Jordan Barab JULY 6, 2023

Don’t blame the worker for industrial disasters. After the smoke had cleared, rail workers were blamed for the disaster (for allegedly not setting the brakes properly) and tried on 47 counts of criminal negligence causing death — one count for each of the victims of the rail disaster. But a Canadian government study and subsequent trial revealed that poor maintenance, faulty breaks, failure of (allegedly) redundant safety systems, flawed procedures, one man crews, inadequate training, and weak oversight were among the real root causes of the catastrophe.

(Editor's Note: Railroad police have the power of LAW, something other private police forces do not. When it comes to protecting the property of the railroad this is one thing. But every citizen should be concerned about the railroad police defending the interests of the rail corporation when its own behaviors and actions are suspect.)

Critics Challenge the Independence of Railroad-Employed Police

Some question whether police focus on fact-finding or protecting companies’ reputations

Joanna Marsh Saturday, July 01, 2023

If railway police officers investigating an incident encounter evidence that could be damning to a rail company, do they see their primary duty as seeking all the facts or protecting the company’s name? For some families of loved ones who died in railway accidents, that question is not merely academic.

(Editor's Note: Once hailed as the "safest railroad" endlessly being awarded the bogus "Harriman Award," the NS is showing off its true colors for all to see. How could a carrier with such a deep "safety culture" see it all unravel in just a few short years? Because there is no such thing as "safety culture." It was all smoke and mirrors, behavior-based safety nonsense. If you wish to run a safe railroad it is no mystery as to how to do it. REMOVE THE HAZARDS! And that includes adequate staffing and time off the job, an end to fatigue, give the employees the tools to do the job right, and ... PROPER TRAINING.)

FRA Warns Norfolk Southern on Conductor Training

By Dan Cupper | July 6, 2023

Agency seeks immediate compliance to correct 'grave deficiencies'

WASHINGTON — The Federal Railroad Administration is demanding immediate changes to Norfolk Southern’s conductor trainee program, citing “grave deficiencies” that have been marked by incidents resulting in “amputations and other serious injuries.”

In a June 14 letter, Allison Ishihara Fultz, FRA’s chief counsel, wrote that despite nearly two years of FRA working with NS to improve the program, the railroad still “has not developed an adequate conductor certification program.

(Editor's Note: This really does take the cake! Both the chemical manufacturer and the rail car owner are incensed by this NS nonsense. Make no mistake, they are big, bad corporations as well, and as such are not beyond reproach. But for NS to demand they bear blame as well, and that they are liable for cleanup coast seems simply absurd.)

Norfolk Southern Says Other Companies Should Share Blame in Fiery Ohio Derailment

Norfolk Southern says the owner of the rail car that caused the fiery Ohio derailment in February failed to properly maintain it in the years before the crash

ByJOSH FUNK AP Business Writer

July 5, 2023, 3:10 PM



“Norfolk Southern’s lawsuit is a meritless disinformation campaign masquerading as a legal filing,” OxyVinyls spokeswoman Celina Cardenas said. “Norfolk Southern’s recommendation to simultaneously detonate the railcars containing our product — contrary to the available information about the railcars’ condition or the product properties — appears to have been needlessly rushed to prioritize Norfolk Southern’s rail line operations.”

(Editor's Note: Yet more legal hijinks from the rail corporations. Two-person crew laws now exist in nearly a dozen states with more on the way. The rail industry takes the position that "the people be damned, we are above the law.")

Railroad Industry Sues to Block Limit on Crew Sizes that Ohio Imposed After E. Palestine Derailment

BY JULIE CARR SMYTH, ASSOCIATED PRESS - 07/06/23 5:24 PM ET

Its legal challenge comes as busy freight states — affected by costly and often dangerous derailments and frustrated by federal inaction — increasingly have moved to pass safety improvements of their own, despite the likelihood of industry resistance.

(Editor's Note: The likelihood of a big strike at UPS is increasing with this latest turn of events. All rail workers need to keep their ear to the rail on this, and offer strike support and assistance to these brothers and sisters on the picket lines. Their fight is our fight!)

Teamsters Say Contract Talks Have Collapsed After UPS Made 'Unacceptable Offer'

“This multibillion-dollar corporation has plenty to give American workers—they just don't want to," said Teamsters president Sean O'Brien.

Jake Johnson July 5th, 2023

Following a marathon negotiating session that ran into the early hours of Wednesday morning, "UPS walked away from the bargaining table after presenting an unacceptable offer to the Teamsters that did not address members' needs," the Teamsters announced on social media.

(Editor's Note: Just as with the potential strike at UPS, rail workers should line up behind these brothers and sisters. An injury to oine is an injury to all! )

National Steel Car Production Grinds to a Halt as Hamilton Workers Strike for Higher Wages

Have been striking since June 29 and negotiations have stalled, the union says

Samantha Beattie  CBC News Jul 05, 2023

All production has stopped at Hamilton's National Steel Car as 1,450 workers continue to strike this week. Workers walked off the job on June 29 and are striking to demand higher wages and improved safety from the railcar manufacturing company, said Frank Crowder, union president of United Steelworkers Local 7135.

(Editor's Note: This derailment is so bizarre and unacceptable that it makes it not only into this week's "Derailment Department" - see below - but also as a full article in this newsletter. This is crazy of-the-hook stuff here.)

NTSB to Investigate Derailment of NS Coal Train in Virginia

July 7th, 2023

A member of the Brotherhood of Locomotive Engineer and Trainmen says the incident raises questions about NS safety. Randy Fannon, part of the BLET”s safety task force, said the crew had been told it could move the train at track speed, but was uncomfortable doing so and was traveling at 20 mph at the time of the derailment. 

(Editor's Note: All rail unions have now reached sick leave agreements with both UP and NS, The other Class Ones are sure to follow in short order. Kudos to every U.S. rail worker who stood up, fought back, raised hell, spoke out, voted to strike, and voted NO on the crappy TA during last year's national contract fight. Without your gallant and determined efforts, none of this would now be happening.)

UP, SMART-TD Reach Sick-Leave Agreement

July 10th, 2023

UP now has ratified sick leave agreements with all 13 unions covering its employees, railroad officials said in a press release. It is the second railroad to do so after Norfolk Southern Railway reached agreements with all 12 of its unions earlier this year.

(Editor's Note: This may be all well and good. BUT how many qualifying trips are conductors and engineers being provided with? This bypass segment is low density trackage. Is it lacking CTC and PTC. What condition is the track in to handle this increased tonnage? The FRA should be monitoring this situation closely. We cannot trust BNSF to take the necessary precautions.)

Agreement Allows Montana Rail Link Crews to Operate BNSF Detour Trains

By Bill Stephens | July 3, 2023

Derailment cleanup continues at the site of the June 24 MRL bridge collapse.

REED POINT, Mont. — As derailment cleanup continues at the site of the Montana Rail Link Yellowstone River bridge collapse, the Brotherhood of Locomotive Engineers and Trainmen has reached an agreement that will allow MRL crews to operate detour trains over BNSF Railway.

(Editor's Note: With the training period for Conductors being cut back to the bare bones - see article admonishing NS above - trainees' lives are being put at risk. And without proper training, these workers can carry bad practices with them for years into the future as well. Time for the FRA to outline what a proper comprehensive training program looks like, and force the carriers implement it.)

FRA Issues Safety Bulletin on Shove Movements After Conductor Trainee Death

July 7, 2023

Railroads are encouraged to increase awareness of the dangers of riding moving equipment

WASHINGTON – The Federal Railroad Administration has issued a safety bulletin after a CSX Transportation conductor trainee was killed during a shove movement in Baltimore

(Editor's Note: Again, as outlined above, rail workers have a role to play in building solidarity and support with these supply chain workers.)

British Columbia Dockworker Strike Continues to Hit Canadian Rail Traffic

By Bill Stephens | July 6, 2023

CPKC and CN issue temporary embargoes to maintain fluid networks

Some 7,400 members of the International Longshore and Warehouse Union Canada went on strike on July 1 over wages, automation, and the contracting out of maintenance work at 49 waterfront employers at 30 ports on Canada’s West Coast

(Editor's Note: One again, traffic continues to decline. Given the last 16 years, one cannot help but wonder if this long-term trend will continue indefinitely. U.S. railroads are moving 21% less freight this past year than in 2006.)

AAR: U.S. Rail Traffic Tumbled Again in June

July 6th, 2023

U.S. rail traffic remained soft in June. During the month, U.S. railroads originated 903,397 carloads, down 0.2%, and 988,766 containers and trailers, down 7% compared with volumes from the same month last year, according to Association of American Railroads (AAR) data.