Union Pacific and rail union members argue in federal court about how UP should fulfill a government law requiring certain enterprises to vaccinate their personnel against COVID-19 by December 8.
Both sides claim the other is failing to bargain by the Railway Labor Act’s requirements. Both parties are in the midst of multi-year discussions for a new collective bargaining agreement, along with other railways and union members.
On Friday, UP (NYSE: UNP) filed a lawsuit in the United States District Court for the Northern District of Illinois to prevent the unions from going on strike or adopting other actions that would disrupt operations.
The railroad wants any disagreements concerning President Joe Biden’s mandate to address the Railway Labor Act’s dispute resolution procedures.
“As America continues to recover from the pandemic, this measure is required to avoid any disruption of the national rail network and to avoid any damage on America’s supply chain,” UP said in a statement on Monday. “As we comply with the law, we continue to work with our employees and their union representatives. We anticipate the court’s assistance in this endeavor.”
Meanwhile, the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) Transportation Division filed a lawsuit in Illinois on Friday. The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Brotherhood of Maintenance of Way Employes Division support SMART-TD.
According to SMART-TD, the vaccine mandate should be resolved through discussion, but UP’s efforts to implement the mandate have gotten in the way of that process. According to a statement released by SMART-TD and BLET on Friday, these measures include offering a monetary incentive for cooperation or threatening medical disqualification from work if a worker refuses the vaccine.
Declaring a medical disqualification, according to SMART-TD, would “completely restructure the physical requirement process for the position of trainman,” as personnel would be “unilaterally excluded from performing their jobs with no recourse.” UP also failed to bargain with the union over the vaccine mandate, according to the union.
“In general, we encourage our members to obtain the immunization. However, we have various concerns about UP’s unilateral implementation of their regulations dictating them and its illegal dealings with its represented personnel. In a joint statement issued Friday, SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce said, “The members of our unions — including those who have already been vaccinated — are enraged by UP’s egregious conduct.”
“We’ve been in contract talks with UP since November of this year, and federal law prohibits railroads from modifying pay rates, rules, or working conditions while talks are ongoing.” Not only is UP breaking the law, but it has also flatly refused to negotiate these issues with us. “Today, we filed a lawsuit in the United States District Court for the Northern District of Illinois, Eastern Division, to put an end to UP’s lawlessness.”
“The Union Pacific Railroad appears to have forgotten that it is not Walmart over the last two weeks.” “The railroad has amended compensation arrangements unilaterally for vaccinated personnel who get a breakthrough COVID infection as a result of occupational exposure,” they stated.
“We remain eager to meet with the Union to discuss any concerns about Union Pacific’s compliance with the Mandate for federal contractors,” UP stated in its lawsuit.
“Union Pacific believes that the implicit right to establish fitness for duty criteria includes the right to require employees to follow the Mandate’s requirements.” Union Pacific’s position is “at a minimum, neither frivolous nor insubstantial,” according to the lawsuit.
