A federal judge has ruled that a rail labor union representing train conductors must start negotiating with the U.S. Class I railroads on the issue of train crew staffing. The parties began their latest round of collective bargaining on Nov. 1, 2019.
Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas ruled on Tuesday that the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division (SMART-TD) must begin bargaining with the railroads on the proposals regarding train consists — the people who move the train — per the Railroad Labor Act (RLA).
The U.S operations of the seven Class I railroads brought the lawsuit before the court last October.
The National Railway Labor Conference (NRLC), a group representing the railroads, said Tuesday's decision allows the rail industry to discuss train crew staffing and the deployment of train conductors in light of new safety and operational technologies.
"The court ruling allows for serious discussions over all aspects of crew staffing," said Brendan Branon, chairman of the NRLC and the National Carriers' Conference Committee, the bargaining representative for the major U.S. freight railroads. "The industry wants to work collaboratively with SMART-TD to shape a future, ground-based role of the conductor, and this ruling brings the parties to the bargaining table to begin those discussions now."
The union argued during the suit that provisions in the existing labor agreements barred discussion of proposals to reduce train crew size, according to the ruling.
But Pittman ruled that the union was violating the RLA by refusing to bargain "in good faith."
In his 22-page decision, he acknowledged broader concerns that a reduction in crew size might endanger a train carrying hazardous materials but said the lawsuit wasn't the proper venue to analyze that.
"While the Court finds this argument compelling, it is ultimately unconvincing at the preliminary injunction stage because the injunctive relief here does not permit an immediate reduction of crew size, but merely compels SMART-TD to begin good-faith negotiating over crew size proposals," the ruling said.
"Thus, if SMART-TD is correct — and it may be correct — that a reduction in crew consist would cause significant safety issues, any such harm would not occur even if the Court enters injunctive relief in favor of the railroads. Finally, by facilitating bargaining and increasing the chances of settlement, the public is served by the prevention of a strike," the ruling continued.