Rail union pushes safety measure requiring two-person crews

March 23, 2015 by

UTU_Logo_1A bill that would require two-person crews aboard Amtrak and most freight trains operating in Minnesota passed out of two Senate committees last week. The safety measure is a top legislative priority of the United Transportation Union, which represents about 70,000 workers in North America.

Sen. Ann Rest (DFL-New Hope) introduced the legislation in the Senate, and the measure received bipartisan support in the Judiciary and Transportation committees.

But Republican leaders in the House have refused to take up a companion bill introduced by Rep. Frank Hornstein (DFL-Minneapolis).

UTU Minnesota Legislative Director Phillip Qualy said railroads are lobbying hard against the bill, making false claims that crew-level requirements fall under federal law or under the domain of collective-bargaining agreements – and are outside the Legislature’s jurisdiction.

“Unfortunately, the railroads are misleading the Legislature with inaccurate and erroneous information,” Qualy said.

Carriers are playing a dangerous game. The oil boom in North Dakota’s Bakken region has increased freight-rail traffic in Minnesota, which has the eighth-largest rail network in the U.S.

The timing is right to take a look at the implications that spike in traffic has on public safety, Rest told the Senate Committee on Transportation March 16.

“We know that not only are the derailments becoming an increased concern, but we also know that the number of cars that are used to transport crude oil have exponentially increased in just the last few years,” Rest said.

In testimony before the committee, Qualy characterized requiring the railroads to maintain two-person crews as a matter of “corporate citizenship.”

“The carriers’ practice to remove more and more persons from the right-of-ways of American railroads endangers the general public,” he said.

How? Nick Katich, a trainman for Canadian National Railway in northern Minnesota, offered an example. Increasingly, he said, CN is instructing train operators in Illinois to block public road crossings – a practice he and 200 other members of UTU Local 1067 don’t want to see spread into Minnesota.

“Our standard operation for decades is to get off the locomotive and separate the train at the crossing and leave it open for public and emergency vehicles … until the train is ready to depart,” Katich said. “If there is only one person on a train, there will be no way we can open a crossing.”

Under the proposed legislation, Class I or II carriers would face fines up to $1,000 for operating a one-person crew in Minnesota, unless the carrier is exempted by federal law.

“Our state legislation is not federally preempted and does not contain language that can be construed as a collective-bargaining area,” Qualy said.

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Canadian Pacific’s restructuring sparks safety concerns among workers

February 20, 2014 by
UTU members join informational picketing outside Canadian Pacific's offices downtown Minneapolis.

UTU members join informational picketing outside Canadian Pacific’s offices downtown Minneapolis.

“It’s an accident waiting to happen.”

That’s rail worker Corey Plath’s assessment of Canadian Pacific Railway under the direction of CEO Hunter Harrison, who has made a career of cutting costs and, union members say, cutting corners when it comes to the safety of workers and the public.

Plath and fellow Minnesota-based members of the United Transportation Union have staged informational picketing outside Canadian Pacific’s offices downtown Minneapolis twice this month, raising awareness of “deteriorating” safety standards that have accompanied a massive restructuring initiative at the rail carrier’s parent company.

The UTU represents railroad conductors, engineers, switch operators and yardmasters at Canadian Pacific. The union’s legislative director in Minnesota, Philip Qualy, said union leaders have “attempted to work in partnership with Canadian Pacific to identify safety issues while improving efficiencies” over the past 13 months.

But those efforts have been met with resistance from management, Qualy said, and that starts with Harrison, Canadian Pacific’s CEO.

Harrison came out of retirement to take the reins of Canadian Pacific in June 2012. He was recruited for the job by William Ackman, founder of a hedge fund that had been aggressively buying stock in the railway’s parent company with an eye toward restructuring – and, later, reselling the stock for a tidy profit.

Ackman pegged Harrison for the job because of his record as CEO of Canadian National Railway from 2003 to 2009, when Harrison oversaw an overhaul of Canadian National operations that increased the railway’s efficiencies, but drew sharp criticism from safety regulators.

A 2007 investigation into rail safety by the Canadian government chastised Harrison’s company for creating a culture of fear that stifled employee participation in efforts to identify safety concerns.

Now, workers say Harrison is doing the same thing at Canadian Pacific.

UTU members who work at Canadian Pacific report being refused meal and other breaks during 12-hour shifts in sub-zero weather conditions, and they say managers harass and intimidate workers who speak up about safety concerns.

“People aren’t saying anything or they’re afraid or threatened with discipline or job loss – so they’re not saying what they notice,” Plath said.

Canadian Pacific’s restructuring is expected to result in about 4,500 job losses, including inspectors and other “safety-sensitive positions.” Qualy said the increased workloads could push rail workers “past a point of task overload.”

What’s more, UTU members allege Canadian Pacific has cut costs by removing safety equipment from switching yards, eliminating emergency exit routing and decreasing mechanical inspections for trains carrying hazardous materials.

Already, a string of train derailments has plagued Canadian Pacific’s restructuring effort. In March 2013 a Canadian Pacific train derailed in western Minnesota, spilling more than 20,000 gallons of crude oil onto the frozen ground.

“We roll through pristine prairies and dark alleys. We’re rolling through neighborhoods carrying oil, anhydrous ammonia and other hazardous materials,” Plath said. “This is not about our contract. It’s not about money. This is about guys saying enough is enough.”

“We will continue to attempt to work in partnership for railroad safety with Canadian Pacific management,” Qualy said. “We must stand up for operations that ensure the safety of our members and the public.”

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