BLE, rail labor score win in Herzog suit

The U.S. District Court for the District of Columbia has upheld the decision of the former U.S. Secretary of Labor Alexis Herman to enforce section 13 (c) of the Federal Transit Act. Herzog Transit Services had sought to bid on the operation of Bay Transit Authority's commuter rail services in the San Francisco area without being regulated by 13 (c).

The BLE, along with the Firemen and Oilers, IAM, IBEW, TCU and UTU, intervened last fall in support of the Labor Department, and were granted intervenor status in mid-December.

The provisions of 13 (c) authorize the Secretary of Labor to condition certification of bids in order to protect collective bargaining and workers' rights. The court ruling held that this was a "fair and equitable" provision.

"This is the second major victory for rail labor against anti-union commuter service providers in less than a year's time," said BLE President Edward Dubroski. "My thanks go out to the officers and members of the BLE who helped us secure this win."

2001 Brotherhood of Locomotive Engineers