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Bay Area IWW General Membership Branch Endorses Resolution in Support of Public Ownership of the Railroads

Adopted unanimously - Bay Area IWW General Membership Branch, March 2, 2023

Whereas, rail infrastructure the world over is held publicly, as are the roads, bridges, canals, harbors, airports, and other transportation infrastructure; and

Whereas, numerous examples of rail infrastructure held publicly have operated successfully across North America for decades, usually in the form of local/ regional commuter operations and state-owned freight trackage; and

Whereas, due to their inability to effectively move the nation’s freight and passengers during WWI, the U.S. government effectively nationalized the private rail infrastructure in the U.S. for 26 months; and

Whereas, at that time it was agreed by shippers, passengers, and rail workers that the railroads were operated far more effectively and efficiently during that time span; and

Whereas, every rail union at that time supported continued public ownership (the “Plumb Plan”) once the war had ended; and

Whereas, specifically, when the rank & file rail workers were polled by their unions in Decem­ber 1918, the combined totals were 306,720 in favor of continued nationalization with just 1,466 in favor of a return to private ownership; and

Whereas, the entire labor movement at that time was in favor of basic industry being removed from private hands, with the delegates to the 1920 AFL Convention voting 29,159 to 8,349 in fa­vor, overruling the officialdom of the AFL and its conservative position; and

Whereas, in the face of today’s crumbling infrastructure, crowded and clogged highways and city streets, poor air quality, lack of transportation alternatives and deepening climate crisis, ex­panded rail transportation – for both freight and passenger - presents a solution to these social ills and problems; and

Whereas, the rail industry today however is contracting – rather than expanding – at a time when we need more trains, trackage, rail workers, and carloads, not fewer; and

Whereas, the private rail industry is moving 5 to 10% less freight than it did 16 years ago, and in recent years has shuttered diesel shops and classification yards, and has drastically reduced the number of employees; and

Whereas, the private rail freight industry is generally hostile to proposals to run any additional passenger trains on their tracks – despite having legal common carrier obligations to do so - making it difficult if not impossible to expand the nations’ passenger rail network; and

Whereas, the rail industry has come to focus solely on the “Operating Ratio” as a measure of their success, and in doing so have engaged in massive stock buybacks and other measures that deliver short-term gains for stockholders but at the expense of the long-term health and vitality of the industry; and

Whereas, the Class One carriers’ failures to move freight effectively have contributed greatly to the ongoing supply chain crisis, resulting in some of the highest inflation rates in many years; and

Whereas, these “Fortune 500” corporations have raked in record profits, in both “good” years and “bad”, right through the “Great Recession,” the pandemic, and otherwise, right up to the most recent Quarterly financial announcements; and

Whereas, during these years of record profits, these same Class One carries have:

  • Failed to solicit nor accept new but “less profitable” freight traffic.
  • Forwarded less freight than 16 years ago.
  • Stonewalled practically every attempt by Amtrak and other agencies to add passenger ser­vice.
  • Failed to run Amtrak passenger trains on time, despite regulation and law to do so.
  • Downsized the infrastructure, physical plant, and capacity.
  • Eliminated nearly a third of the workforce.
  • Outraged shippers and their associations by jacking up prices, providing poor service, and
  • assessing new demurrage charges.
  • Thumbed their nose at state and federal governments.
  • Blocked road crossing and increased derailments by the implementation of extremely long trains.
  • Threatened and attempted at every turn to run trains with a single crew member.
  • Opposed proposed safety measures, from Positive Train Control (PTC) to switch point indi­cators;
  • the End-of-Train Device (EOT) to Electronically Controlled Pneumatic Brakes (ECP).
  • Taken a hostile stance towards the myriad unions, refused the bargain in good faith, consist­ently demanding concessions, all the while expecting these “essential workers” to labor through the pandemic without a wage increase.

Therefore, be it Resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH supports the public ownership of the rail infrastructure of the U.S., Canada, and Mexico, under democratic workers’ control, to be operated henceforth in the public interest, placed at the service of the people of all three nations; and

Be it Further resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH urge all of its members to voice their support for this proposal; and

Be it Further Resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH urges all other IWW branches, industrial unions, and chartered bodies to take a similar stand; and

Be it finally Resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH urges all labor unions, environmental and community groups, social justice organizations, rail advocacy groups and others to push for a modern publicly owned rail system, one that serves the nation’s passengers, shippers, communities, and citizens.

“There Will Be More Derailments”

By Julia Rock and Rebecca Burns - The Lever, February 10, 2023

Pete Buttigieg’s Transportation Department has not moved to revive an Obama-era safety rule that could help prevent future train accidents and derailments.

In the aftermath of a fiery Ohio train derailment, Secretary of Transportation Pete Buttigieg’s department has not moved to reinstate an Obama-era rail safety rule aimed at expanding the use of better braking technology, even though a former federal safety official recently warned Congress that without the better brakes, “there will be more derailments [and] more releases of hazardous materials.”

Instead, transportation regulators have been considering a rail-industry-backed proposal that could weaken existing brake safety rules.

Most of the nation’s freight trains — including the Norfolk Southern train that derailed in Ohio — continue to rely on a Civil War-era braking system. Norfolk Southern belongs to a lobby group that successfully pressed President Donald Trump to repeal a 2015 rule requiring newer, safer electronic braking systems in some trains transporting hazardous materials, The Lever reported Wednesday.

The Department of Transportation's most recent regulatory agenda — which lists all planned, proposed, and final rules — does not include an ECP brake rule.

When asked if the better braking technology would have reduced the severity of the Ohio accident, Steven Ditmeyer, a former senior official at the Federal Railroad Administration (FRA), said, “Yes.”

Where Do Railroad Workers Go from Here?

By Jay, Marilee Taylor, John Tormey, Matt Parker, and Maximillian Alvarez - In These Times, February 10, 2023

After a three-year saga of stalled contract negotiations between the country’s freight rail carriers and the 12 unions representing over 100,000 railroad workers, ​“pro-union” President Biden and Congress ​“averted” a national rail shutdown by overriding the democratic will of rail workers and forcing a contract down their throats. So, what happens now? 

In December, shortly after the Biden administration and Congress intervened, Working People convened a special all-railroader panel to break down the events of the last week and to discuss where railroad workers and the labor movement go from here.

Panelists include: Jay, a qualified conductor who was licensed to operate locomotives at 19 years old, and who became a qualified train dispatcher before he was 23; Marilee Taylor, who worked on the railroads for over 30 years and retired earlier this year from her post as an engineer for BNSF Railway, but is still an active member of Railroad Workers United; John Tormey, a writer and BMWED-IBT member who works as a track laborer for the commuter rail in Massachusetts; and Matt Parker, a full-time locomotive engineer who’s worked on the railroads for 19 years and also serves part-time as Chairman on the Nevada State Legislative Board of the Brotherhood of Locomotive Engineers and Trainmen.

Rail Companies Blocked Safety Rules Before Ohio Derailment

By David Sirota, Julia Rock, Rebecca Burns, and Matthew Cunningham-Cook - The Lever, February 8, 2023

Norfolk Southern helped convince government officials to repeal brake rules — and corporate lobbyists watered down hazmat safety regs.

Before this weekend’s fiery Norfolk Southern train derailment prompted emergency evacuations in Ohio, the company helped kill a federal safety rule aimed at upgrading the rail industry’s Civil War-era braking systems, according to documents reviewed by The Lever.

Though the company’s 150-car train in Ohio reportedly burst into 100-foot flames upon derailing — and was transporting materials that triggered a fireball when they were released and incinerated — it was not being regulated as a “high-hazard flammable train,” federal officials told The Lever.

Documents show that when current transportation safety rules were first created, a federal agency sided with industry lobbyists and limited regulations governing the transport of hazardous compounds. The decision effectively exempted many trains hauling dangerous materials — including the one in Ohio — from the “high-hazard” classification and its more stringent safety requirements.

Amid the lobbying blitz against stronger transportation safety regulations, Norfolk Southern paid executives millions and spent billions on stock buybacks — all while the company shed thousands of employees despite warnings that understaffing is intensifying safety risks. Norfolk Southern officials also fought off a shareholder initiative that could have required company executives to “assess, review, and mitigate risks of hazardous material transportation.”

Special Report: Norfolk-Southern Train Derails 50 of 151 Cars in Fiery Crash

By staff - Railroad Workers United, February 7, 2023

As we approach the 10 year anniversary of the deadly train wreck in Lac-Megantic, Quebec on July 5th, 2013, a major fiery train wreck in Ohio this past weekend serves as a reminder of just how potentially dangerous long and heavy trains can be. Add to this the fact that in the last 10 years, the Class One carriers have dramatically increased both the length and tonnage of the average train, while cutting back on maintenance and inspection, and we have a time bomb ticking, just like a decade ago, leading up to the Canadian disaster that destroyed a whole town and took the lives of 47 people. While thousands were and remain evacuated, and property damage to both rail and non-railroad property will no doubt soar into the millions, we dodged a bullet as no rail workers and no trackside residents were killed. This time.

The train, NS 32N, which was built in Madison, IL and headed east to Conway, PA swapped out crews in Decatur, IL. This crew would experience trouble while running their route between Decatur, IL and Peru, IN. In fact, they did not complete their trip to Peru since they outlawed on the federal hours-of-service statute. The train severed a knuckle between two cars at Attica, IN. This occurred while the train was going downhill and while in dynamic braking. Pretty much the only time a train breaks in this scenario is when the train isn’t blocked properly. In order to mitigate in-train forces, railroads prior to PSR would build trains with the heavier cars on the head end and the lighter cars on the rear end. This prevents severe slack run-ins and run-outs throughout the trip and if the train’s emergency brakes are applied, you don’t have heavier cars running into lighter cars which causes jackknifing. This particular train had 40% of it’s weight on the rear 1/3 of the train. Most of this tonnage was made up of loaded tank cars which are very heavy and slosh back and forth when coming to a sudden stop. This sloshing after a stop can continue the pushing of more cars off a track in a jackknifing situation which is what occurred in this Ohio wreck. This block of tank cars was placed directly behind a block of cars that were in the middle of train which were equipped with cushioned draw bars. The draw bars on these cars slide in and out independent of the car body which helps protect the merchandise carried within from damage. These type of draw bars are usually on automobile carriers to prevent the cars/trucks inside from being damaged. Placing cars with these draw bars in the middle of a train creates elasticity. Building a train like this (Head end = locomotives, which are the heaviest part of any train, followed by heavy mixed freight loads, followed by a block of cushioned draw bar cars, followed by a block of heavy tank cars (such as the case with this 32N) is akin to placing two bowling balls on the ends of a rubber band and praying the rubber band doesn’t break. 

Video footage has emerged online showing one of the wheels on this train on fire as it passed by the camera. If this footage is authentic, it’s very likely that car caused the derailment. This damaged car apparently was allowed to leave its initial terminal because it wasn’t inspected properly due to car inspectors being laid-off and time allowed per car inspection being dramatically reduced by the industry. If this did indeed occur this way, the train would’ve gone into emergency and the heavy tank cars on the rear end would’ve slammed into the derailed cars causing the 50 cars to pile up off the track and catch fire. 

"Precision Scheduled Railroading" is more than likely a major culprit in this incident for the following reasons:

  • Inspection times have been cut resulting in the defective car remaining in the consist.
  • Train was excessively long and heavy… 151 cars, 9300 feet, 18,000 tons.
  • Train was not blocked properly because PSR calls for limited car dwell times in terminals. Blocking a train for proper train handling (placing the majority of weight on the head end and ahead of cushioned draw bars) takes longer so this practice has been mostly eliminated by the rail carriers. 

Fiery Ohio Train Wreck the Result of "PSR"

By Fritz Edler, et. al - Railroad Workers United, February 7, 2023

Railroad Workers United (RWU) condemns the dangerous and historically unsafe practices by Class 1 rail carriers that resulted in this catastrophe that will impact the community of East Palestine Ohio for many years, if not forever. The root causes of this wreck are the same ones that have been singled out repeatedly, associated with the hedge fund initiated operating model known as “Precision Scheduled Railroading” (PSR). But risky practices, such as ever longer and heavier trains even precede PSR. The train that wrecked is a case in point, 9300 feet long, 18,000 tons. Other hallmarks of modern day railroading include deep cuts both maintenance and operating employees, poor customer service, deferred maintenance to rolling stock and infrastructure, long working hours and chronic fatigue, limited on-the-job training and high employee turnover. 

Norfolk Southern train NS 32N with 150 cars on the manifest, derailed on Feb. 3 at 8:55pm. It consisted of 3 locomotives 141 loads and 9 empties. The train had a crew of 3 at the time of the wreck, consisting of an Engineer, a Conductor and a Conductor Trainee. 20 of its loaded cars were considered Hazmat by the railroad. 10 of those hazmat cars were involved in the 50-car pileup. Of those 10, 5 cars contained Vinyl Chloride, all of which were damaged and/or burned, with one of those leaking by design to relieve explosive pressure. 

At this time, the immediate cause of the wreck appears to have been a 19th century style mechanical failure of the axle on one of the cars – an overheated bearing - leading to derailment and then jackknifing tumbling cars. There is no way in the 21st century, save from a combination of incompetence and disregard to public safety, that such a defect should still be threatening our communities. 

40% of the weight of NS 32N was grouped at the rear third of the train, which has always been bad practice and made more dangerous with longer heavier trains. This fact almost certainly made the wreck dynamically worse. But increasingly the PSR driven Carriers, driven to cut costs and crew time by any means necessary, cut corners and leave crews and the public at risk.

The crew was able to uncouple the locomotives and move them to safety, preventing an even bigger tragedy. This would not have been possible under the various management schemes now being proposed to operate such trains with single person crews. Further, because Train 32N carried the standard crew of two or more workers, they were able to immediately take the necessary emergency measures to ensure a safe and effective response.

The short-term profit imperative, the so-called “cult of the Operating Ratio” - of NS and the other Class 1 railroads - has made cutting costs, employees, procedures, and resources the top priority. In this case, NS and the other carriers have eliminated many of the critical mechanical positions and locations necessary to guarantee protection against these kinds of failures. Simultaneously, they regularly petition the regulators at the Federal Railway Administration for relief from historically required maintenance and inspections.

The wreck of Train 32N has been years in the making. What other such train wrecks await us remains to be seen. But given the modus operandi of the Class One rail carriers, we can no doubt expect future disasters of this nature.

Just Transition for Rail

By Chris Saltmarsh - The Ecologist, February 6, 2023

A review of Derailed: How to Fix Britain’s Railways, by Tom Haines-Doran, published by Manchester University Press.

As climate change intensifies, the imperative to shift our transport system away from polluting private cars to public transport – rail in particular – becomes increasingly urgent.

At the same time, amid an inflationary crisis, rail workers are at the forefront of a nationwide wave of strike action defending pay and conditions.

In Derailed: How to Fix Britain’s Broken Railways, Tom Haines-Doran puts the UK’s rail system in these political-economic contexts with a compelling account of its history, present conditions and future possibilities.

Railroad Nationalization Must Be Part of the Green New Deal

By Mayor Seidel - Sewer Socialists, February 5, 2023

In December, Congress and the Biden Administration forced a deal on railroad workers and stripped them of their right to strike. This made two things clear: how draconian the private freight railroads are to their workers, and yet how essential they are to the functioning of the country. Equally, private railroads are not only essential to the economy, but to the climate. Transportation is responsible for more greenhouse gas emissions than any other sector, including electricity generation. Within transportation, among the modes primarily used for freight (trucks, rail, and boats), railroads were responsible for only 7% of emissions despite carrying 27% of cargo (in ton-miles). Despite being a net reducer of emissions by taking trucks off the roads, the private railroads are avowed enemies of climate action. Afraid of losing their lucrative coal-hauling traffic, the same four railroads who Congress acted on behalf of have spent millions to lobby against climate action and deny climate change. Capitalists who bankroll climate deniers own the most important system of low-carbon infrastructure on the continent.

The effects of the existing freight railroads on climate change, both good and ill, are minuscule compared to the unrealized potential that they hold. The railroads would have a higher share of freight traffic if not for the shortsighted management of their private ownership. Additionally, 57% of transportation emissions come from “light duty vehicles,” i.e. passenger cars. The strongest opportunities to eliminate car trips are in urban centers, by building inviting pedestrian spaces, safe bicycle infrastructure and robust public transit networks. At the same time, to build a credible alternative to automobile travel, these green transportation systems must be connected to one another into metropolitan and intercity rail networks. This cannot be done without the infrastructure that, outside the Northeast, is controlled by the private freight railroads.

The private railroads are hostile to passenger service, which they see as a threat to their freight operations. Amtrak publishes a “report card” each year, ranking the private freight railroads by how much they delayed passenger trains. In 2021, at least 20% of riders were delayed on more than half of state-supported routes and 14 of 15 long-distance routes. The private railroads even hold back some commuter railroad services. Several Metra lines serving suburban Chicagoland are operated under “purchase-of-service” agreements with freight railroads, leaving commuters at the mercy of their private owners. Newer systems like Virginia’s VRE that use private freight corridors must negotiate complicated and expensive agreements with host railroads to expand service. Confronting climate change must include rationalizing the relationship between freight and passenger rail service, both of which are essential to reducing greenhouse gas emissions.

Railroads Must Be Brought Under Public Ownership

By General Executive Board - United Electrical Workers, January 30, 2023

Statement of the UE General Executive Board

Railroads are a crucial part of our nation’s infrastructure. Nearly every sector of our economy depends on goods shipped by the railroads, which haul forty percent of all long-distance freight in the U.S., measured by ton-miles. A third of all exports travel by rail. Furthermore, the greater fuel efficiency of using rail to move both people and freight means that moving more of our transportation onto the railroads will be necessary to address the existential threat of climate change.

Yet the private owners of our nation’s Class 1 railroads have shown themselves utterly incapable of facing the challenge of the climate crisis, dealing fairly with their own workers, or even meeting the most basic needs of their customers. The railroad companies cannot even be said to be in the business of moving freight; they are merely in the business of using their monopoly control over the nation’s rail infrastructure to squeeze as much profit as possible from customers and workers at the behest of their Wall Street shareholders.

Therefore, we demand that Congress immediately begin a process of bringing our nation’s railroads under public ownership. Public ownership of part or all of their rail systems has allowed many other countries to create rail systems that can move people and goods quickly, affordably, and in an environmentally sound way. With public ownership, governments can take the long view and make crucial infrastructure investments — and prevent price-gouging.

Railroads are, like utilities, “natural monopolies.” The consolidation of the Class 1 railroads in the U.S. into five massive companies over the past several decades has made it clear that there is no “free market” in rail transportation. With most customers having no other choice, and no central authority mandating long-term planning, each individual railroad company has little incentive to make investments in infrastructure and every temptation to take as much of their income as possible as profits. Even Martin Oberman, chair of the Surface Transportation Board, the federal agency that regulates rail, has called the railroads “monopolists” who are cutting services and raising prices because “that’s the easiest way for them to get rich.”

In their endless thirst for profit, the railroads have implemented a system called “precision scheduled railroading,” which simply means operating with as few staff as possible — speed-up by another name. Shippers have been complaining about the resulting poor service for years, and during the pandemic our entire economy paid the price with snarled supply lines leading to shortages and price hikes. The railroads do not even seem interested in expanding their share of the freight market, instead seeking to extract more and more short-term profit out of customers for whom rail is the only feasible way to ship their products.

The effect on railroad workers has been even more severe. In order to implement precision scheduled railroading, the companies have imposed draconian attendance policies which make it virtually impossible for railroad workers to take any time off, even for medical reasons. This intolerable state of affairs almost led to a railroad strike at the end of last year, until President Biden and Congress — clearly willing to intervene in the “market” when workers threaten to withdraw their labor — imposed a contract on the workers that did not even contain the workers’ bottom-line demand of adequate sick leave.

Here’s How Rail Workers Are Fighting On After Biden Blocked a National Strike

By Jeff Schuhrke - In These Times, January 18, 2023

Politicians may have headed off their strike, but rail workers haven’t stopped organizing for paid sick leave and safe staffing.

While the high-stakes labor dispute on U.S. freight railroads has receded from headlines since President Joe Biden and Congress imposed a new contract last month, rail workers are continuing their fight for dignity and better conditions — albeit without the threat of a national strike on the table.

“The American people should know that while this round of collective bargaining is over, the underlying issues facing the workforce and rail customers remain,” the AFL-CIO Transportation Trades Department said in a statement.

The major underlying issue remains precision scheduled railroading (PSR), the business model adopted in recent years by Class I rail carriers like Union Pacific, BNSF, Norfolk Southern and CSX. Designed to maximize shareholder profits by cutting costs to the bone, PSR has been blamed for a dramatic reduction in the freight rail workforce, increased supply-chain congestion and deteriorating safety — all while investors rake in record profits.

As a potential railroad strike loomed late last year, the absence of guaranteed paid sick leave in the rail industry came to symbolize the immense strain PSR puts on workers. Without sick leave, and with the railroads implementing draconian attendance policies to deal with understaffing, workers face discipline for missing work due to illness and have to burn through their vacation time if they or their family members get sick. 

The tentative agreement between rail carriers and unions, brokered by Biden last September, did not include any guaranteed sick days — prompting a majority of the union rank and file to vote against ratifying the deal. 

Late last year, when Biden called on Congress to override union democracy and impose the contract anyway, progressive Democrats attached a separate resolution mandating seven paid sick days, without the president’s public support. The measure passed in the House of Representatives, but failed in the Senate, where all but six Republicans voted against it. 

“President Biden campaigned on a week of paid sick leave for all working people, and then he had the opportunity right here but didn’t take action. He favored the corporations,” said Matt Weaver, a rail worker and member of the Brotherhood of Maintenance of Way Employes Division (BMWED) in Ohio. 

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