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. |