Delta 5

By Stephyn Quirke - Street Roots News, January 21, 2016

Video: Delta5 Defendents and supporters sing a version of I've Been Working on the Railroad by Railroad Workers United organizer and IWW member, J.P. Wright in honor of the links of solidarity they forged with railroad workers during their struggle.

On Jan. 15, Snohomish County Judge Anthony E. Howard handed down sentences to five people who say our political system is rigged to destroy the planet.

The trial was the latest in a series of protests against the increasing volumes of fossil fuels traveling through the Pacific Northwest, bound for Asian markets, despite the considerable damage to regional eco-systems already resulting from climate change, including ocean acidification, loss of snowpack in the Cascades, rising stream temperatures and summer deadzones along the coast.

In September 2014, Abby Brockway, Patrick Mazza, Jackie Minchew, Mike LaPointe and Liz Spoerri locked themselves to a 20-foot tripod at the BNSF railroad’s Delta yard in downtown Seattle. Dubbed the Delta 5, their protest was designed to draw attention to the danger of crude oil on rail lines in the Pacific Northwest, and to their contribution to irreversible climate change.

In a historic and highly anticipated trial that lasted four days, the Delta 5 were allowed to argue that their action was the lesser of two evils when compared to the status quo. In court shorthand, it’s called the necessity defense. Specifically, the Delta 5 presented evidence and legal arguments showing that their occupation of BNSF property was necessary to protect the public’s safety, calling numerous expert witnesses who testified to the public health risks of oil trains, both in their immediate risks to neighborhoods and to the damages climate change is bringing to Washington state. They included Richard Gammon, professor of chemistry and oceanography at the University of Washington, and Fred Milar, a hazardous-materials expert and former consultant to the railroad industry.

In another groundbreaking lawsuit concluded in November, King County Superior Judge Hollis Hill ruled that the state of Washington had a constitutional duty to uphold the public trust in natural resources and that this created a binding obligation for the state to protect the atmosphere for future generations. In an unusually dire ruling, Hill said, “Survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming … before doing so becomes first too costly and then too late.”

One of the elders in that room was Abby Brockway. Reflecting on the trial, she recalled, “Everybody wants to kick the can down the road. … They said, ‘Well, the Legislature’s supposed to do it,’ and they’re saying ‘No, ecology’s supposed to do it,’ so nobody wants to try.”

Andrea Rodgers, who represented eight youth plaintiffs in the November climate lawsuit, who in turn brought the lawsuit on behalf of future generations, explained: “What Judge Hill said in our case is really important for the world to know: that the climate crisis is real, it’s happening now, and the government in Washington state is not doing anything to address it. And they need to step up and protect the fundamental rights of these people. … People are starting to speak out and defend their own rights in a variety of ways, and hopefully the judges of the justice system will catch up with that.”

By Jen Wallis - exclusive, September 21, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Editor's note: Jen Wallis meant to give the following speech at the People's Climate March in Seattle on Sunday, September 21, 2014, but had to abbreviate it due to time constraints. Here is the entire speech she would have given:

Hi my name is Jen Wallis, and I’m a founding member of Railroad Workers United. We are a rank-and-file caucus of the various national and international railroad unions. A few of us started this organization to respond to the decades of infighting created by the carriers to keep us divided.

I've been a conductor with BNSF Railway for over ten years. In 2008, I was injured on the job through no fault of my own. I was one of the first workers to file a whistleblower suit against a major railroad for retaliation for reporting a work-related injury. After 6 years of litigation, I won my case in Federal Court this past March, so I know a little bit about what it takes to fight corporations and what they will do to you and your family. I lost much of my support system, and I lost my house to foreclosure. And just as a side note, I first met Kshama Sawant when she showed up and got arrested for those of us fighting foreclosure. She is amazing!!! Over 1,000 railroaders who filed similar complaints have lost. I’m one of a handful to have won. The railroads have a lot of money to fight you, and they usually win.

I’ve taken it upon myself to use my victory to speak out for safety on the railroad because I’m one of the few people who can and not get fired for it, and I was actually in San Francisco speaking at a labor conference this past July when I got word that a group of unelected union officials from the conductor’s union had been meeting in secret with BNSF for 18 months, and unleashed a proposal that would have ended the job of the conductor on freight trains right here in my territory. My job. One person running trains at least a mile long through our communities where there have always been at least two, and engineer and a conductor. 140 years of railroading tradition gone with one contract. All the railroads would follow that precedent.

So we at Railroad Workers United went into what I can only call DEFCON 1 organizing. We had less than a month to mount a campaign to vote no before ballots were to be sent out. There were plenty of carrots in the agreement being dangled for the huge numbers of new hires we have, with things like “worker retention board” which claimed if you can’t hold a job, we’ll pay you to sit at home and not work, ending pay scale for new hires, and huge buy-outs for those getting close to retirement anyway. It was the standard concessionary agreement. Now those of us who have been in the game long enough knew these were only empty promises. We’ve seen enough of these broken in our careers, but the massive numbers of new hires did not, and we saw what scare tactics do at places like Boeing. Unions usually don’t defeat concessionary contracts, even when those companies are swimming in profits.

We knew we had to be bold, as bold as they were. I immediately started a FB group to protest the meeting in Sea-Tac where the officers would be to give us the hard-sell pitch. Now railroaders aren’t allowed to strike, and we haven’t done much in terms of organizing anything since 1894. You won’t find many of us who have ever so much as held a sign on a picket line. So I invited people who are more comfortable with holding signs - I invited my environmentalist friends I’d been trying to build alliances with these last couple of years - people from Backbone, from 350.org, Rising Tide, and members of the more radical unions like the Teamsters and Teachers and ILWU, and they showed up for us. Jess Spear showed up for us. The media we got in Seattle from that little picket inspired towns all across the country to follow suit. In places like Greybull, Wyoming and Creston Iowa, we got the spouses and families out there holding signs, (probably for the first times in their life), because they know our jobs and how terrifying it would be to have their loved ones out on these dangerous trains by themselves working under extreme fatigue in every kind of weather. We added over 2,000 new members to our facebook group in a month, distributed thousands of stickers and flyers and talking points. Many of us put our lives on hold and spent every waking moment organizing around this.

Finally, on September 10th, less than two months after we first got wind of it, the results were in. From the Gulf Coast to the Great Lakes to right here in the Pacific Northwest, our members voted that proposal down. It was one of the proudest moments of my life. But as sweet as that victory was, none of that means anything compared to this fight against climate change. I have a 9 year-old son. I read recently that by the time he is my age, at the rate we’re going, this planet will experience a mass extinction. Extinction! And I can’t help but wonder If I’ve really done enough to protect him from that future.

Now our recent victory was a huge inspiration to all of us. We now know what we have to do, and we know what it takes to do it. We understand completely now that we are fighting an industry that cares as much about us as they do the environment, which is not at all...It might seem a little scary for environmentalists to approach labor, and sometimes the feeling is mutual, but when my co-workers saw that tripod up in Everett with the sign that said “Cut Oil Trains, Not Conductors”, they were blown away. Nobody has stood up for us in a very long time. America has what I call an epidemic of fence-straddling. Most people like to be perched up there, listening to information from both sides and occasionally hopping down from one to the other based on the news we get or the friends we know or which side has the most money or slickest campaign. But my friends, the fence is an illusion. If we could all just step back for a minute and notice that big field we’ve been in together this entire time. The fence is capitalism and corporate plutocracy, and it’s time to take it down!!!