FORT WORTH, Texas — Eight major freight railroads filed a lawsuit in U.S. District Court last week arguing that one of the nation’s largest labor unions is refusing to negotiate on the continuous issue of train crew size.
On Oct. 3, attorneys representing eight freight carriers — BNSF Railway, Kansas City Southern, CSX Transportation, Grand Trunk Western, Illinois Central, Norfolk Southern, Union Pacific and the Belt Railway Company of Chicago — filed a suit in the Northern District of Texas against the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division, also known as SMART-TD.
In the suit, the railroads claim that SMART-TD has refused to negotiate on crew size at the national level. The union argues that crew size should be dealt with at the local level with individual union branches. According to the lawsuit, the union also states that it is barred from negotiating crew size because of “moratorium” provisions in existing agreements. The railroads disagree with that interpretation.
The suit comes just weeks before negotiations are set to begin between the nation’s railroads and their unions over wages, benefits and work rules. The National Carriers’ Conference Committee — representing all Class I roads and a number of smaller ones — are set to sit down with the leaders of 12 different unions representing 140,000 railroaders beginning Nov. 1. The national bargaining occurs every five years. The last round of negotiations began in January 2015 and ended three years later. Labor agreements do not expire so there is no deadline for negotiations. However, the next round of talks could be particularly contentious as the issue of crew size is likely to come up.
“Crew consist is one of the most contentious issues that has ever arisen in collective bargaining between the railroads and the unions,” the lawsuit reads.
Earlier this year, the Federal Railroad Administration withdrew a proposed rulemaking that would have required two people aboard every freight train. [See “FRA withdraws proposed minimum crew size rule,” Trains News Wire, May 24, 2019.] In the report announcing its decision the, federal agency wrote, “each railroad is free to make train crew staffing decisions as part of their operational management decisions, which would include consideration of technological advancements and any applicable collective bargaining agreements.”
In the suit, attorneys for the Class Is leave little doubt that their clients want smaller crew sizes.
“Every day that the railroads are unable to obtain new agreements is another day that they are unable to realize the benefits of more efficient and productive operations,” the lawsuit reads.
Hours after the suit was filed, union officials attending a conference signed a resolution vowing to work in solidarity to fight the “Carriers’ attempts to undermine bargaining and divide us.”
“As we progress forward into this negotiating period and beyond, solidarity among our membership at all levels everywhere will drive us as we overcome the challenges ahead,” says Transportation Division President Jeremy Ferguson. “This unanimous resolution shows at the outset that we stand together and will speak with one loud, clear voice.”
