Update: September 16, 2022 Strike Q&A and Scenario Examples Published: Sep 14 2022 1:55PM
RESOLUTION 3: HONORING OF UNION PICKET LINES
Question: Can BMWED Members go on strike at 0000:01 on Friday, September 16, 2022?
Answer: No. BMWED is engaging in an Agreement ratification process, during which BMWED Members cannot exercise self-help (i.e., go on strike) at this time.
Question: If other Railroad Unions go on strike at 0000:01 on Friday, September 16, 2022, do BMWED Members leave the job?
Answer: BMWED Members are required to honor all picket lines. If you report to work and there is a picket line, DO NOT CROSS THE PICKET LINE. However, if you are mid-shift (already at work and working) and a strike is called by other Railroad Unions, BMWED Members must finish working their shift and leave work thereafter and not return until the strike is over, or there is a cessation of the strike or workers are compelled to return to work by legislation or legal order.
Question: Will BMWED Members be paid strike benefits from BMWED National Division for honoring picket lines of other crafts?
Answer: Yes.
Question: Can BMWED Members participate in strike activities with the other Railroad Unions?
Answer: BMWED Members can honor the strike and picket line but they cannot actively participate by standing on the line and holding strike signs.
BMWED Members can stand on the strike line during their off hours (hours after their regular work shift or during their scheduled rest days) in support of the striking Sister Unions, but they cannot stand on the strike line during work hours. BMWED Members that stand in solidarity with Sister Unions during their off hours cannot hold strike signs, but they can hold signs that state to the effect of, “IN SUPPORT OF SISTER UNION MEMBERS”.
Question: If the Carrier’s Lock out BMWED Members, are Members paid National Division Strike Benefits?
Answer: Yes, if you are eligible for Strike Benefits by being a Member in “good standing” and you did not cross the picket line, or you did not refuse to perform picket duty if asked or instructed to by the BMWED. You are ineligible for Strike Benefits though if you crossed the picket line, refused to perform picket duty if asked or instructed to by the BMWED of if you were not deprived of employment during the strike (e.g., on vacation and received vacation pay by the railroad).
EXAMPLES
Example 1: The 30-day cooling off period expires on Friday, at 0000:01 for Railroad Union A. I am already at work installing ties and Railroad Union A calls a national strike at 0015, and I am advised of such. I must work the rest of my shift as I normally would, and upon completion, I would proceed home and not return to work until the strike ends, or Rail Union A advises they are ceasing the strike for the moment, or I am required to go back to work by order.
Example 2: The 30-day cooling off period expired on Friday, at 0000:01 for Railroad Union B, but they have not called a strike yet. My workday starts at 0600 and I am driving to work. Right before I pull into the parking lot at the depot, a coworker calls to tell me that Railroad Union B has called a national strike. I do not see a picket like while approaching the depot. But because a national strike has been called, I would treat the situation as there is a picket line at the depot and I cannot cross it. I would turn around and proceed back home and not return to work until the strike ends, or Rail Union B advises they are ceasing the strike for the moment, or I am required to go back to work by order.
Example 3: The 30-day cooling off period expired on Friday, at 0000:01 for Railroad Union C, and the railroad locked out Railroad Union C workers. Railroad Union C workers advise that they are picketing nationally. I work on a traveling gang, and we are getting ready to leave the hotel to drive to the worksite, but we do not see a picket line. We do not leave the hotel and drive to the worksite because I would treat the situation as there is a picket line at the worksite and I cannot cross it. I would not return to work until the strike ends, or Rail Union C advises they are ceasing the strike for the moment, or I am required to go back to work by order. I would also be responsible to pay for my own meals and lodging during the time of the strike while I honor the picket line if I chose not to drive home.
Example 4: The 30-day cooling off period expired on Friday, at 0000:01 for Railroad Union ABC, and a national strike is called. I am assigned as a traveling roadway mechanic and have a company vehicle, and my personal vehicle is currently 200 miles away from my current work location where I am at. Before starting the company truck at the hotel to drive to worksite, I am told by my coworkers that Railroad Union ABC has called a national strike. I would leave the company truck parked at the current reporting location, and make sure that it is secured (locked up, etc.). I would then arrange to get picked up and transported to my personal vehicle, at my own personal expense.