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Weekly Digest Number 52 - December 29, 2020
Federal Court Grants U.P.’s Temporary Restraining Order Effective Through Jan. 8, 2021
No Work Actions May Be Taken by BMWED Members at This Time

(Editor's Note: As every seasoned railroader knows, we have the "right" to take "self-help" (strike) action under the Railway Labor Act. And the Congress, the President and the Courts all have the "right" to take it away from us. And here is the latest ... )

In the lawsuit over Union Pacific's Covid-19 protocols, the Judge granted Union Pacific's motion for a temporary restraining order barring BMWED members from withdrawing from service in response to Union Pacific's Covid-19 policies. This restraining order will be in effect through January 8, 2021. The Judge scheduled a hearing on Union Pacific's motion for a preliminary injunction for January 5, 2021. Under the judge's order, BMWED and its officers, staff and agents may not direct, call, instigate, encourage or engage in any strike, self-help, sickout, concerted refusal to bid, slowdown, work stoppage, refusal to work, job action, picketing, or refusal to cross a picket line at or against Union Pacific, or any acts to support such actions. The hearing set for January 5 will determine whether this order or any like order will continue past January 8.
Train cars carrying crude oil derail, burn north of Seattle

Officials say seven train cars carrying crude oil derailed and five caught fire, sending a black plume of smoke into the sky north of Seattle close to the Canadian border
Matt Krogh, director of U.S. Oil & Gas Campaigns for the environmental group Stand.earth, is based in Bellingham near the derailment and told The Associated Press he could see the smoke. He said the incident was another example of how transporting crude oil by train – especially in large numbers of tankers — is “very, very dangerous.” He cited the 2013 fiery derailment of a train carrying crude in Lac Megantic, Quebec, which killed 47 people, and a 2016 derailment in Mosier, Oregon, along the Columbia River that caused people to evacuate.
Krogh said crude oil is volatile and there are often track maintenance concerns. Among other things, Krogh and his group would like to see a reduction in the number of tank cars allowed per shipment.
SEPTA union criticizes COVID quarantine policy
The Southeastern Pennsylvania Transportation Authority’s (SEPTA) largest union representing transit workers today criticized the agency for certain COVID-19 policies that the union says create disincentives for workers to follow health and safety guidelines
TWU officials said the policy may push workers struggling financially, who have exhausted their paid-leave, to return to work while still potentially contagious or sick. Eight members of TWU 234 have died from COVID-19 and more than 400 have been infected, labor officials said. 
TWU representatives also tried to place the issue on the meeting agenda when SEPTA management and TWU 234 leaders met Dec. 15. SEPTA’s managers declined to discuss the matter, union officials said.
Congress passes massive bill, including COVID relief for Amtrak, short-line tax credit
Congress last night passed a $2.3 trillion legislative package that includes $1.4 trillion to fund the government and $900 billion in coronavirus emergency relief aid. The bill provides $14 billion in pandemic emergency funding for public transit and $1 billion for Amtrak, according to the American Public Transportation Association (APTA).
"While this COVID funding is intended to be a temporary Band-Aid that will help Amtrak and our state and commuter partners, it is critical for minimizing negative impacts to our customers, employees and service between now and the end of March," said Amtrak Chief Executive Officer Bill Flynn in statement.
WEBINER: Faces of Essential Service: The Passenger Rail and Transit Workforce
On December 16th, RWU General Secretary Ron Kaminkow joined with Brian Eden of SMART-TD and Rail Passengers Association (RPA) President Jim Matthews and Legislative Director Sean Jeans-Gail to discuss the working conditions facing rail labor, and ways that rail workers and our unions can work together with passengers and rail advocacy groups to more effectively realize our goals and objectives. (Note: Kaminkow's contribution starts at around 12:00 into the webinar)
Metro-North, LIRR, New Mexico Rail Runner complete PTC implementation
MTA Metro-North Railroad and Long Island Rail Road (LIRR) in New York, and the New Mexico Rail Runner Express commuter railroads have completed positive train control (PTC) implementation ahead of the federally mandated Dec. 31 deadline. In New York, PTC has been implemented on the Metropolitan Transportation Authority’s (MTA) more than 500-mile commuter-rail system, MTA officials said in a press release. Last week, the Federal Railroad Administration (FRA) notified the Rio Metro Regional Transit District (RMRTD) that the New Mexico Rail Runner Express’ PTC system was approved and certified.

U.S. Class I workforce contracted in November, STB data shows
(Editor's Note: While freight traffic returns to pre-pandemic levels, sadly the same cannot be said for employment, still down by double digits. PSR at work)

U.S. Class Is as of mid-November employed 114,960 people, down 1.58% from October's level and down 13.71% from November 2019's count, according to Surface Transportation Board (STB) data.
Year over year, all workforce categories registered employment decreases. They were: maintenance of equipment and stores, down 21.94% to 18,242; transportation (train and engine), down 15.01% to 46,434 workers; transportation (other than train and engine), down 11.2% to 4,829; maintenance of way and structures, down 10.82% to 27,863; professional and administrative, down 5.81% to 10,276; and executives, officials and staff assistants, down 4.10% to 7,316.
FRA Round-UP: Several Actions Now Published in Federal Register
Over the past 1.5 weeks, the Federal Railroad Administration has published several notices in the Federal Register. Below are portions of those postings, including: Drug and alcohol testing: Determination of minimum random testing rates for 2021 (notification of determination); Qualification and certification of locomotive engineers – miscellaneous revisions (final rule); Positive train control systems (notice of proposed rulemaking); and Fatigue risk management programs for certain passenger and freight railroads (notice of proposed rulemaking).
RWU NEWS

Final Call: All RWU Merchandise is 20% Off Until December 31st!
Just a couple more days until the sale ends! Order your hats,. T-shirts, buttons, stickers, posters, books and more at the RWU online Store. Be sure to use the Discount Code HOLIDAYRAIL when checking out!
Final Call: Please Consider an End-of-Year Donation to RWU!

Our Annual Fundraiser is winding down. If you had wished to make a donation but have not found the time during the busy holiday season, now is the time. Please see the link below and donate today. Consider a one-time donation, a recurring donation (Sustainer) or maybe it is time to become a Lifetime Member! NOTE: While our fundraiser officially ends December 31st, you can donate in any form at any time in 2021 as well!
Have a Happy, Peaceful and Prosperous New Year!

Thanks for reading this year's Weekly Rail & Labor News Summaries!!

RWU would like to thank all of our members and supporters for taking part in the organization in 2020. While it has not been an easy year for railroad workers and our families, we carry on. May the New Year be better than the last, and may the railroad workers movement continue to build solidarity, unity and democracy in the years ahead.