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Update on BMWED-IBT Union Pacific Workers FRSA Complaint Over Lack of COVID-19 Protections

Published: Dec 23 2020 1:53PM

A U.S. Federal Court in Omaha, Neb. held a hearing today on Union Pacific’s attempt to stop a maintenance of way employees withdrawal from service on December 28.  (UP had filed a motion for a temporary restraining order against the BMWED.)  The withdrawal of service is because of UP’s inadequate Covid-19 safety protocols threatening workers with imminent danger of serious injury or death. 
The Court heard argument from both the Union and the Carrier for about two hours, took the case under advisement and will likely issue a decision tomorrow (December 24). Temporary restraining orders are of limited duration.   As a precautionary step, the Court scheduled a preliminary injunction hearing on January 5, 2021 in the event a temporary restraining order is issued.
In the interim, if a temporary restraining order is issued, there should be no collective withdrawal from service.