Railroad Workers United (RWU)

By Steering Committee - Railroad Workers United, March 1, 2023

Whereas rail carriers have consistently over the years increased the size of trains while disregarding the limitations of technology and infrastructure largely unimproved for decades; and

Whereas longer, heavier trains create much higher buff and draft forces during, what would otherwise be a minor derailment event, which can then lead to a major catastrophic event; and

Whereas many potential problems cannot be identified and corrected by the onboard crew due of the length of these trains; and

Whereas these trains carry cargo that carries the potential to cause mass casualty events due to their volatility and toxicity; and

Whereas the US rail industry has spent far more on share buyback programs every year than on the infrastructure expected to handle these long, dangerous trains; and

Whereas the railroads have drastically cut car repair staff, creating shorter and less thorough inspections of the rail cars expected to be handled in these long, dangerous trains; and

Whereas the railroad industry has actively worked to eliminate regulation which would have required a more modern braking system to reduce in-train-forces in a derailment, as well as in daily operations; and

Whereas the reliability and effectiveness of the conventional braking system trains use is reduced greatly when it is subjected to excessive train lengths, especially in cold weather; and

Whereas the railroads have shown zero regard for public safety or inconvenience at crossings, while conducting unregulated experiments on our communities by running trains of essentially unlimited length; and

Whereas railroads effectively surrendered any regulatory autonomy when they merged to become regulated monopolies subject to common carrier obligations;

Therefore be it Resolved, that RWU demands that railroad safety regulators act immediately to set temporary maximum safe train lengths, that account for dangerous slack events occurring during a derailment, as well as to significantly reduce such incidents; and

Be it Further Resolved that RWU demands that a set of permanent train length regulations be implemented within a reasonable time which establishes federal safe train lengths for conventional, DPU, Hazmat, ECP and Non-ECP brake equipped trains; and

Be it Finally Resolved that RWU demands that regulators establish a permanent regulation that requires trains defined as “Key Trains” under hazardous material regulations to be equipped with operative ECP braking systems.

Adopted by the RWU Steering Committee 3/1/2023

Download a copy of this resolution here (PDF).

By Carl Rosen, Scott Slawson, mark! Lopez, Ivette Torres, Yvette Arellano, and Bill Moyer - Solutionary Rail, March 1, 2023

By Jeff Kurtz, Mark Burrows, and Maximillian Alvarez - The Real News Network, February 23, 2023

By Alan Fisher - Alan Fisher, February 23, 2023

By Hugh Sawyer and Steve Zeltser - Work Week Radio, February 23, 2023

By Union Jake, and David Story - Valley Labor Report, February 22, 2023

By Kari Lyderson - This is Hell!, February 22, 2023

By Robert Bartlett - Solidarity, February 22, 2023

In the wake of the bipartisan congressional imposition of a rail contract in December, there has been a focus on the inability to at least provide some sick days for rail workers, a “privilege” they have never had. What is lost in centering the dispute on that admittedly absurd denial is the overall deterioration of work conditions in an industry which has always been known for its focus on profits over safety for both workers and the communities through which trains pass.

The train derailment in eastern Ohio has brought the consequences of putting profit over safety into sharp focus for those willing to look beyond the catastrophic predictions of doom should rail workers be allowed to strike. Before going into the detailed analysis of the Ohio disaster provided by the cross-craft group Railroad Workers United (RWU) https://myemail.constantcontact.com/Special-Report–Monster-Train-Wreck-in-Ohio.html?soid=1116509035139&aid=fzMOujXbqBo let me describe some of the trends in how the railroads have traditionally operated from when I first hired out as a brakeman on the Chicago and Northwestern Railroad (now consolidated into the Union Pacific) in 1974. I speak with the most familiarity of what train crews coped with every day.

In 1974 when decent paying industrial jobs were relatively easy to find, the turnover on my railroad was constant. My first week on the job consisted of being in a training class with about 15 other new hires. We spent a week learning some rudiments of the job and the “Rule Book” which detailed all the safety rules that we were supposed to follow. People used to joke that every rule was based upon some accident that either caused an injury or death to a rail worker and there was certainly truth to that. The skill that they focused on was on how to get on and off moving equipment, i.e. engines and rail cars. This is an inherently dangerous thing to do under any circumstance, since if you miss getting your foot into the “stirrup” at the bottom of the ladder on the side of a boxcar you at best might be dragged alongside the car until you extracted yourself or in the worst case you might be run over by the wheels and either dismembered or killed. You were expected to do this at all times of the day or night, in conditions of rain, sleet, or snow.

Once you got on, you were expected to climb to the top of boxcars to tighten or loosen manual brakes -all while the train was moving. Newer boxcars were safer in that the brakes were only about 5 feet off the ground, while older rolling stock had brakes at the top of the car. These antiquated cars should have either been retired or retrofitted with lower brakes, but the practice of railroads was to use the equipment until it wore out. Eventually in the 1990s the rules changed and to get on and off the car or engine, it needed to be standing.

In a class of 15, like the one I was in, more than half of the people quit the job within months. It wasn’t the dangerous conditions so much that forced people to look for another job, it was the irregular schedule of never knowing when you were going to be called into work. When a recession hit the economy around 1980, and with the decline of industries like steel and auto, those other high paying semi-skilled union jobs largely disappeared and then the turnover slowed down. Recently, with the worsening of conditions in all the rail crafts, turnover has increased even in rural areas where a rail job used to be highly coveted and clung to in the midst of the depopulation of small towns. 

By Kenny Stancil - Common Dreams, February 21, 2023

"Rank-and-file railroad workers can diagnose and fix the problems. We will believe Pete Buttigieg is serious when he starts talking about public ownership of critical railroad infrastructure and enacting some of our solutions."

U.S. Transportation Secretary Pete Buttigieg's newly unveiled plan to improve railroad safety is inadequate, an inter-union alliance of rail workers declared Tuesday.

The U.S. Department of Transportation's (USDOT) blueprint for holding rail corporations accountable and protecting the well-being of workers and affected communities comes after a Norfolk Southern-owned train overloaded with vinyl chloride and other carcinogenic chemicals crashed in East Palestine, Ohio on February 3, precipitating a toxic spill and fire that has sparked fears of air pollution and groundwater contamination.

In contrast to the hundreds of U.S. derailments that go largely unnoticed each year, the unfolding environmental and public health disaster on the Ohio-Pennsylvania border has helped expose the dangerous consequences of the Wall Street-driven transformation and deregulation of the freight rail industry—a long-standing process intensified by the Trump administration and so far unchallenged by the Biden administration.

"Profit and expediency must never outweigh the safety of the American people," Buttigieg—who has yet to exercise his authority to restore previously gutted rules and was mulling an industry-backed proposal to further weaken federal oversight of train braking systems as recently as February 10, according toThe Lever—said Tuesday in a statement.

"We at USDOT are doing everything in our power to improve rail safety," said Buttigieg, "and we insist that the rail industry do the same—while inviting Congress to work with us to raise the bar."

USDOT called on Norfolk Southern and other rail carriers to "provide proactive advance notification to state emergency response teams when they are transporting hazardous gas tank cars through their states instead of expecting first responders to look up this information after an incident occurs" and to "provide paid sick leave," among other things.

The department also urged Congress to increase how much it can penalize companies for safety violations, noting that "the current maximum fine, even for an egregious violation involving hazardous materials and resulting in fatalities, is $225,455." As Buttigieg tweeted, "This is not enough to drive changes at a multibillion-dollar company like Norfolk Southern."

Finally, USDOT committed to strengthening its regulation of the rail industry by "advancing the train crew staffing rule, which will require a minimum of two crew members for most railroad operations," and by "initiating a focused safety inspection program on routes over which high-hazard flammable trains (HHFTs) and other trains carrying large volumes of hazardous material travel," among other proposals.

"Each of these steps," the agency said, "will enhance rail safety in the United States."

But according to Railroad Workers United (RWU), which focused in particular on the issue of train crew staffing, "there are too many holes" in Buttigieg's plan to ensure the safety of the nation's rail system.

"As currently written, the proposed rule could allow for numerous instances of single-crew operations in the coming years," RWU tweeted. The alliance also shared a letter it sent to USDOT last September accusing the Federal Railroad Administration of "attempting to placate unions, community groups, and the general public on the one hand with a 'two-person train crew rule' while, on the other hand, signaling a green light to the industry to run trains with a single crew member."

By Geoff Mirelowitz and Marilee Taylor - World Outlook, February 20, 2023

The February 3 derailment of a Norfolk Southern (NS) train carrying hazardous chemicals caused an inferno and the release of enormous plumes of toxic black smoke over East Palestine, Ohio. It has brought into sharp focus the danger the railroads’ relentless drive for profit poses to public safety.

This is the same motive that led the rail barons to refuse paid days off to railroad workers who are sick or too exhausted from long and unpredictable hours of work to operate trains safely. In December, President Joe Biden and the U.S. Congress backed the railroad owners, imposing the new national rail contract they insisted on. (See “Rail Contract Shows Unions Need New Leadership; Workers Need Our Own Party.”)

News coverage of the derailment shined a spotlight on the enormous profits the railroad owners are raking in. A front-page article in the February 18 New York Times reported, “Norfolk Southern, which earned more than $3 billion last year… over the past five years… paid shareholders nearly $18 billion through stock buybacks and dividends — twice as much as the amount it invested in its railways and operations. Other large railways have paid out billions to their shareholders, too, and their shares have done better than the wider stock market over the last decade.”

Health dangers threaten community

Residents of East Palestine were ordered to evacuate while photos and videos of the frightening flames from the derailment quickly made national news.

On February 6, a “controlled release” of toxic fumes from the derailed and hazardous cars was conducted, leading to more gruesome images. Two days later residents were assured it was safe to return to their homes. Norfolk Southern rushed to run trains through the town again. But the danger was far from over.