B   M   W   E
JOURNAL
 
ONLINE VERSION APRIL 2000
 
Strike on Union Pacific
  
Court Enjoins UP from Closing Track Panel Plant

At 6:00 a.m. CST on February 24, BMWE members withdrew services and set up picket lines on the Union Pacific Railroad. The UP operates 33,000 miles of track in 23 states in the Western two-thirds of the U.S. and employes 52,000 employees of which approximately 8,000 are represented by the BMWE. The strike effectively shut down train operations on the former UP proper, which does not include the former Chicago & North Western, former Missouri Pacific and former Southern Pacific.

The strike was called because UP announced that a track panel assembly plant in Laramie, Wyoming, operated by maintenance of way employees, would be closed down and that future panels would be purchased from outside contractors.

"It is unfortunate that Union Pacific Railroad management has so little regard for its employees and its agreements that they have unilaterally taken the action to close the Laramie facility and threaten the livelihood of our members and their families," said David Tanner, BMWE General Chairman of the Union Pacific System Division, in a press release issued that day. "Management knows full well that our agreement requires that they fabricate track panels at the Laramie, Wyoming facility."

Four hours after the strike began, Judge Joseph F. Bataillon, of the U.S. District Court for the District of Nebraska, issued a temporary restraining order pending a hearing originally scheduled for February 28 in Omaha but transferred to Denver where the BMWE had filed suit on February 22. The Judge ordered BMWE members back to work but also temporarily restrained UP from closing the plant, laying off employees and using track panels made by contractors.

On March 2 Judge Zita Weinshienk of the U.S. District Court in Denver found that UP's threat to close the panel plant and instead install track panels made by contractors was a "major dispute" - a violation of the plain language of the BMWE/UP collective bargaining agreement - and granted the BMWE's motion to enjoin UP from closing the plant. The Judge also ordered that fabricating track panels must be done by BMWE-represented employees since it is clearly maintenance of way work.

"The Court's decision to force UP to honor the clear language of Rule 9 of the Agreement is a major victory for our members and our union," said Tanner,. "It tells UP that it cannot simply change the collective bargaining agreement - do whatever it wants - while our members sit and wait forever for the results of some arbitration. Although strikes and lawsuits are regrettable, UP left us no choice but to strike and sue. I salute and thank our members for their courage and discipline in striking successfully and hope that UP learns its lesson."


BMWE Western Region Vice President Rick Wehrli stated, "BMWE will not stand by idly while UP or any railroad tramples on our membership. UP acted illegally against our members, and BMWE, after repeated efforts to convince UP to act in accordance with the law, legally struck and will do so again under similar circumstances."

"I am delighted with the Court's decision and I commend our membership and leadership on the UP for taking action to halt UP's illegal attempt to shut down the Laramie, Wyoming plant," said BMWE President Mac A. Fleming. "Contracting out our work is a major problem facing us, and when any railroad decides to blatantly act against the clear language of our contracts after repeated requests to cease their illegal acts, BMWE will act in the best interests of our members."

Fleming, Wehrli, and Tanner all expressed their appreciation on behalf of the BMWE to the members and leaders of the other railroad unions for honoring the BMWE picket lines.

 
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