7061 East Pleasant Valley Road, Independence, Ohio 44131 • (216) 241-2630 / Fax: (216) 241-6516

Membership
Benefits
News and Issues
Departments
Information
Secretary-Treasurer
Merchandise
Communications
FELA
Events
Links
User Info

Texas court rules that SMART-TD has to negotiate crew consist

(Source: SMART Transportation Division press release, February 13, 2020)

CLEVELAND — A federal court in Texas ruled in favor of rail carriers this week, directing the SMART Transportation Division to negotiate over crew-consist without regard to moratoriums barring such negotiation.

U.S. District Court Judge Mark T. Pittman, a January 2019 Trump appointee, issued his ruling on February 10, 2020.

The case was filed Oct. 3, 2019, by BNSF, CSX, Kansas City Southern, Grand Trunk Western, Norfolk Southern, Illinois Central, Union Pacific, and the Belt Railway Company of Chicago asserting that the moratoriums in the various crew-consist agreements did not bar the carriers from reopening crew consist.

The judge, following the carriers’ arguments and ignoring any counter by the union, found that any dispute over whether the moratoriums barred reopening was a minor dispute, then nonsensically concluded that the union would have to negotiate while arbitrating over whether the union even had to negotiate in the first place.

“Unfortunately, this decision comes as no surprise. The court ignored the provisions of the RLA,” SMART-TD President Jeremy Ferguson said. “The judge sided with the carriers on every issue, not even recognizing our arguments or providing any real analysis. It is simply infuriating.”

Carriers are attempting to replace one of the crew members in the cab of the train with technology and to establish one-person operations. The crew-consist agreements that have been negotiated by the SMART-TD and its predecessor unions over many years stand in the way but are being undermined by this and other actions.

“As a group we are going to work together to correct the course that this ruling has put us on,” Ferguson said.

SMART-TD filed an appeal with the 5th Circuit Court of Appeals in New Orleans, La., on February 12, the day after the judge’s ruling was released.

In a related matter, the National Railway Labor Conference (NRLC), which represents the carriers, has requested that the National Mediation Board (NMB) appoint an arbitration board member to force a single arbitration over the more than two dozen crew-consist agreements that have been negotiated locally by various General Committees.

SMART-TD, and nearly two dozen of its GCs, have sued the NMB challenging the Republican members’ 2-1 decision granting the carriers’ request to appoint an arbitrator.

Judge Pittman’s ruling is available for review at the link above.

Friday, February 14, 2020

Like us on Facebook at
Facebook.com/BLETNational

Sign up for BLET News Flash Alerts

© 1997-2020 Brotherhood of Locomotive Engineers and Trainmen

 


Decertification Helpline
(216) 694-0240

National Negotiations

Sign up for BLET
News Flash Alerts

DAILY HEADLINES

Canadian rail interests fear issues surrounding blockades are not over
Rail traffic down across North America
Oil train derails in East Chicago; businesses evacuated
Fires set along train tracks as Canadian protests continue
Canadian crude by rail shipments grew in December
Commuters start petition calling for NJ Transit’s CEO to step down
Tampa officials say CSX failed to take proper measures on track closures as traffic snarls around the area
Passenger who nearly died in 2017 Amtrak derailment files lawsuit
California High-Speed Rail Authority releasing draft plan on connection to LA. County
CN locomotive collides with wooden pallets at Tyendinaga
Self-service options available for RRB customers
RRB cautions customers against scams
Get the latest labor news from the Teamsters

More Headlines