The bill the President signed to prevent a railroad worker strike might not be the end of what one union leader and a railroad attorney say is a bigger crisis.
The issues that led railroads and their workers to the precipice of a strike have been building for decades, says Herb Krohn, Washington legislative director for the Smart Transportation Division-United Transportation Union. “The railroads have cut staff dramatically so that they can continue to increase profit,” Krohn says, “They’re cutting the ability of shippers to ship goods. They’re raising the freight rates for everybody. They’ve contributed significantly to America’s supply chain crisis. In fact, there are articles that say they caused it by researchers.”
Attorney Jim Vucinovich of Seattle law firm Rossi Vucinovich, which handled several cases stemming from the 2017 DuPont derailment, says in addition to cutbacks, the railroads, which are virtual monopolies and supposed to be subject to strict federal regulation, also put in what he calls “Draconian” attendance policies Vucinovich says “really eliminate the discretion a worker has to attend a child’s birthday, go to a doctor’s appointment. Everything that we work for and want to enjoy in our personal lives, these railroad workers have to sacrifice. They are constantly under the threat of being disciplined if they choose to try to take time off, which is unpaid. They can then be subject to discipline and, indeed, there’s a three-strike rule. If they have three such violations on one of these policies, they can be terminated permanently.”
Vucninovich says railroad workers have little or no legal recourse because, as we saw this week, Congress can step in to force a new contract agreement, which also leaves the rail workers’ unions with no way to put pressure on the railroads to gain what they say are much-needed improvements to their working conditions. He calls the policies and business model “unsustainable” and he says he believes it’s brought the railroad industry to a breaking point.
The Krohn says because the government gave the land to build railroads – and declared them essential to national security – they have an obligation to provide a service he says they’re not providing. Krohn says the railroads are squeezing everybody, “gouging” American industry to increase profits, and he says we’re paying higher costs at every turn as a result.
Krohn also says when the rail workers receive the back pay that comes from this new deal, they expect a significant percentage of them to quit because of the working conditions, which he says will mean rail freight not moving, empty store shelves, higher prices and a host of other problems.
Krohn says that because they work so much with so little time off, if you see a train rolling through your town, he says it’s likely most of the crew is suffering from chronic fatigue. Krohn and Vucinovich both say that could give rise to greater rail safety concerns, not just with operators but with safety inspectors, which Vucinovich says could mean more accidents and more injuries, not to mention the wider risk that comes with hauling hazardous materials, like volatile chemicals that can cause widespread damage and harm if not handled with great care.
Vucinovich says because this new contract took 2 years to hash out, they’ll be right back at the bargaining table in the middle of next year, so we could face a similar situation in the summer.
Meanwhile, Krohn says they’re working on a Washington State health and safety bill which, among other things, would require the railroads to give workers adequate time off
A statement from the American Association of Railroads says, in part:
“Railroading is tough, essential work that keeps our nation moving, and our employees deserve our gratitude for moving America’s freight and doing so safely every day…Without a doubt, there is more to be done to further address our employees’ work-life balance concerns, but it is clear this agreement maintains rail’s place among the best jobs in our nation.”
You can read the full statement from the American Association of Railroads here.
You can also learn more in our interview with rail worker union rep Herb Krohn and attorney Jim Vucinovich in the video below: