Rail Workers Weekly News Digest
Number 32 - October 29th, 2019
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3,000 CN Rail workers ready to strike Nov. 19 if no deal reached
Workers give an overwhelming strike mandate, talks resume in Nov. 12 with mediators.
Canadian National Railways conductors, trainpersons and yardpersons have threatened to launch a strike in three weeks after six months of negotiations.
The Teamsters Canada Rail Conference disclosed Monday that its 3,000 members voted 99.2 per cent last month in favour of a strike.
A strike could begin at 12:01 a.m. on Nov. 19, after the union provides at least 72 hours' notice.
The union is trying to put pressure on the Montreal-based railway ahead of a resumption of negotiations with the help of federal mediators on Nov. 12.
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With Capacity to Spare, Railroads Have an Eye on Truck Cargo
A recent remark by a senior official with CSX Transportation on a third-quarter earnings call with financial analysts has caught the attention of trucking industry leaders.
The statement by Mark Wallace, executive vice president of sales and marketing for Jacksonville, Fla.-based CSX, comes when most Class 1 freight railroads are reporting softer earnings but improvements in the way they operate their railroads, and there is excess capacity to move goods.
Rail officials acknowledged on their third-quarter financial calls they have extra capacity because they are not carrying as much freight as they did in 2017 and 2018, when the economy was roaring.
“There’s a lot of truck volume out there, and we believe by renewing our focus on the merchandise segment and looking for truck-conversion opportunities, that we’re going to capture that market share,” Wallace said. “Hopefully, people order a lot of stuff online, and we have the pleasure and honor of moving a lot of that stuff in the fourth quarter.”
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Memorial Day weekend LIRR derailment now subject of criminal probe
The Long Island Rail Road derailment that snarled Memorial Day weekend travel to the Hamptons is a criminal case, The Post has learned.
The Federal Railroad Administration report on the mishap, which occurred in the early morning hours of May 25 in Speonk, blamed signal problems and revealed agency investigators were “not allowed” to interview an assistant signalman “due to an on-going criminal investigation.”
The Post obtained a copy of the FRA report through a Freedom of Information Act request.
The US Attorney’s office for Eastern District is the investigative agency, the FRA told The Post. The US Attorney would not comment.
The accident happened after a westbound train, which was returning to New York City without passengers, pulled off the main tracks into a siding. But the train was too long for the side track and the rear end of the train stuck out onto the main track, where it was struck by the locomotive of an eastbound train with 32 passengers on board. The locomotive of each train derailed but no one was injured.
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GM Workers Ratify Contract Though 'Mixed at Best'
The Auto Workers' strike against General Motors came to a close this weekend after six weeks on the picket lines, with workers voting to ratify a
contract
that was clearly unloved but accepted with a yes vote of 57 percent.
“I don't think we'll get any more out of it,” said Nelson Worley, who will have 42 years with GM in March. Although he called the proposed deal “mixed at best,” he planned to vote yes, worried about “public perception,” that others would see GM workers as “a bunch of whiners.”
Standing near a burn barrel outside Detroit-Hamtramck Assembly Wednesday, Bruno said he would vote yes because “we're not going to get any more out of them. It's unfortunate we had to go out to get the same thing we got before.”
Bruno, who didn't want to give his last name, pointed out that the current offer was built on a base of earlier concessions by the union: “We agreed to temps in previous contracts, and cutting skilled trades down to just 'mechanical' and 'electric'—and the whole idea of two-tier.”
Still, Worley worried about the union's future: “They say 'we'll get 'em next time,'” he said, “but there may not be a next time. We lost 30,000 jobs in the last 10 years.”
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Rail labor groups ask court to stop NMB rule change
The Brotherhood of Locomotive Engineers and Trainmen (BLET), along with 14 other unions and groups representing rail and airline workers, has filed a joint lawsuit challenging a recent rule change made by the National Mediation Board (NMB).
In January, the NMB proposed a rule change that would make it easier to decertify labor unions under the Railway Labor Act. The rule also would increase from one year to two the time a union must wait before it can reapply to represent the workers. The board adopted the final rule this summer.
Filed last week in the U.S. District Court for the District of Columbia, the lawsuit asks the court to declare the rule invalid because it exceeds the board's authority under the Railway Labor Act, and for being "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law," BLET officials said in a press release.
The unions also asked the court to preliminarily and permanently enjoin the NMB from implementing the final rule, they said.
"The NMB's final rule is contrary to 80-plus years of established practice," said BLET National President Dennis Pierce. "It is unfair, unnecessary, and is harmful to the stability of the airline and railroad industry because it undermines the balance of labor-management relations."
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Unprecedented - The Trump NLRB’s attack on workers’ rights
Under the Trump administration, the National Labor Relations Board (NLRB) has systematically rolled back workers’ rights to form unions and engage in collective bargaining with their employers, to the detriment of workers, their communities, and the economy.
The Trump board
1 has issued a series of significant decisions weakening worker protections under the National Labor Relations Act (NLRA/Act). Further, the board has engaged in an unprecedented number of rulemakings aimed at overturning existing worker protections.
Finally, the Trump NLRB general counsel (GC) has advanced policies that leave fewer workers protected by the NLRA and has advocated for changes in the law that roll back workers’ rights.
The Trump board and GC have elevated corporate interests above those of working men and women and have routinely betrayed the statute they are responsible for administering and enforcing. This paper highlights the most egregious actions of the Trump board and GC and evaluates the impact on working people.
It is critical that Congress hold the Trump NLRB accountable and that policymakers prioritize legislative reforms that will restore the original promise of our nation’s labor law—to encourage and promote the formation of unions and the practice of collective bargaining.
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Grassroots Campaign Against One-Person Train Crews
Some members of the SMART-TD Local and BLET Division at the UPRR terminal in Salem IL have taken it upon themselves to produce and distribute yard signs about the dangers of one-person train crews.
The signs have started going up in strategic locations in the area. The design is based on the RWU bumper sticker.
RWU is currently in the process of producing T-shirts, stickers and other materials designed to be used in the campaign.
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Unifor begins VIA Rail employee contract negotiations
Unifor last week began contract negotiations for the 2,000 VIA Rail Canada Inc. employees the union represents.
Members identified key issues in the negotiations, including a strengthened pension plan, made-in-Canada fleet sourcing, and an end to contracting out employees, Unifor officials said in a press release.
Unifor also is calling for a national transportation strategy with supporting legislation for VIA to promote a safe, affordable, accessible and environmentally friendly transportation system, labor officials said.
"As we look toward a greener future with increased use of passenger rail, Unifor's goal is to ensure that jobs in the sector remain good jobs with fair pay, decent benefits and a dignified retirement," said Renaud Gagne, Unifor’s Quebec director.
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