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Rail Workers Group Heartened by Inclusion of Class One Railroads on 2023’s “Dirty Dozen” List of Employers Putting Workers and Communities at Risk

By Ron Kaminkow, Ross Grooters, and Jason Doering - Railroad Workers United, April 26, 2023

Today, the National Council for Occupational Safety and Health (National COSH) announced the Council’s annual list of twelve employers whose unsafe practices put the health and lives of workers as well as the safety of communities at risk, known as the “Dirty Dozen” employers. The nation’s big Class One Railroads - including BNSF, CSX, Kansas City Southern, Norfolk Southern, Union Pacific, Canadian Pacific and Canadian National Railway – were among them, after being nominated for the distinction in February by the group Railroad Workers United (RWU).

“Rail workers have, for years, been blowing the whistle on unsafe practices of Class One Railroads,” said RWU General Secretary Jason Doering. “These employers have pushed for single-person crews; implemented Precision Scheduled Railroading where cost-cutting measures have resulted in longer, heavier trains operated with fewer workers, while cutting back on both inspections and maintenance; put in place disciplinary policies forcing sick workers into work; failed to offer paid sick time; and continued their long-standing practice of retaliating against rail workers who report safety hazards and job-related injuries.”

“The tragedy in East Palestine, Ohio in February, 2023 brought the nation’s attention to what Railroad Workers United (RWU) has been warning against for 15 years,” added RWU Co-Chair Ross Grooters. “We hope this disgraceful distinction for the Class One Railroads as a 2023 ‘Dirty Dozen’ employer gains the attention of government agencies, unions, environmental and community organizations, and others. It is past time to force Class One Railroads to make the changes needed to protect the health and lives of rail workers and the safety of communities from coast to coast.”

“We thank National COSH for accepting our nomination of Class One Rail Carriers as a 2023 ‘Dirty Dozen’ employer,” said RWU Organizer Ron Kaminkow. “This is a ‘distinction’ these rail employers have worked hard for, and they deserve to take their rightful place on this year’s ‘Dirty Dozen’ list.”

What Union Pacific and the media aren’t telling you about the Baker, CA, train derailment

Derailment Spree Proves Railway Regulations Urgently Needed, Say Union Members

By Kenny Stancil - Common Dreams, April 3, 2023

"These companies siphon billions into share buybacks, dividends, and bonuses rather than into the vital maintenance and infrastructure growth we need to build a safe, modern, and thriving rail industry," said one worker.

After at least six major freight train derailments occurred across the United States over the past week, the need for stronger rail safety rules couldn't be clearer, an interunion alliance of rail workers said Monday.

"The recent uptick in derailments across the U.S. highlights the dire need for stricter regulations on the length and weight of trains, as well as a focus on preventing unsafe operational practices such as precision scheduled railroading (PSR) which prioritizes short-term financial gains for Wall Street over the safety of communities and railroad workers," Jason Doering, a locomotive engineer and general secretary of Railroad Workers United (RWU), said in a statement.

The past week "was not a good one" for the nation's Class 1 rail carriers, RWU observed.

On Sunday, March 26, a Canadian Pacific train carrying hazardous materials careened off the tracks outside Wyndmere, North Dakota, spilling liquid asphalt and ethylene glycol and releasing propylene vapor.

Last Monday, a Union Pacific iron ore train reached 118 miles per hour as it ran away down Cima Hill in the Mojave Desert before wrecking on a curve, destroying two locomotives and 55 cars in San Bernardino County, California.

On Wednesday, a Canadian National iron ore train derailed in Butler County, Pennsylvania.

On Thursday, a BNSF train carrying ethanol and corn syrup crashed near Raymond, Minnesota, causing a fire that forced local residents to flee.

On Friday, a Norfolk Southern train went off the tracks in Irondale, Alabama.

One day ago, a train operated by the Class 2 regional Montana Rail Link—soon to be owned by BNSF—derailed on the banks of the Clark Fork River in Paradise, Montana.

New Bigger Risks Await Poorly Regulated Rail Industry

By Justin Mikulka - DeSmog, March 31, 2023

In July of 2013, a train carrying Bakken oil from North Dakota derailed and exploded in Lac-Mégantic, Quebec, killing 47 people and destroying the downtown. I spent the five years after that accident researching what happened, following the railroad regulatory process that spans the U.S.-Canada border, and publishing a book about that experience. The main lesson of that book was that the regulatory process in America is deeply flawed and controlled by industry — both rail and oil interests. 

As we approach the 10-year anniversary of Lac-Mégantic, the disaster in East Palestine shows just how little was done to protect the public from these dangerous trains. Meanwhile, the public is facing new rail risks that are receiving scant attention — and once again federal regulators are allowing industry to move forward without proper consideration of the health and safety risks. I live three blocks from a busy rail line and what worries me the most when I hear the trains rumble past is not that they’re carrying vinyl chloride or even Bakken oil, but the looming risk of mile-long trains of liquefied natural gas (LNG) and hydrogen. 

In 2019, then-President Trump issued an executive order to fast-track new regulations that would allow shipping liquefied natural gas by rail without any meaningful guardrails on its transport. 

But Earthjustice and other organizations sued the administration over this move, citing the perils. “It would only take 22 tank cars to hold the equivalent energy of the Hiroshima bomb,” according to Earthjustice attorney Jordan Luebkemann. 

Modeling by the Pipeline and Hazardous Materials Safety Administration (PHMSA) estimates that for a train pulling 100 tank cars of LNG and traveling at 40 miles per hour, a derailment is expected to cause four punctures in the tank cars. 

The Biden administration is reviewing this Trump-era regulation, but the only sensible option is to ban the movement of LNG-by-rail. 

Over the last year, Russia’s invasion of Ukraine has upset global energy markets, giving a big boost to plans to increase exports of American LNG overseas and placing pressure to move as much LNG as possible as quickly as possible — including by rail.

The Case for Nationalizing the Railroads: Workers say now is the time to do the impossible

By Kari Lydersen - In These Times, February 16, 2023

Railroad workers packed themselves into hotel conference rooms near Chicago’s O’Hare International Airport in June 2022 to talk fervently about a momentous event potentially on the horizon: the first industry-wide rail strike in three decades. 

“All 12 railroad unions have proclaimed themselves united,” said Ron Kaminkow, Railroad Workers United (RWU) general secretary, during a conference session about chokepoints in the supply chain. ​“There could actually be a national railroad strike for the first time in almost 30 years.” 

Contract negotiations between those 12 unions and the country’s major freight railroad companies had ground to a halt by the conference, which was organized by RWU and the pro-union group Labor Notes. 

In July, 99.5% of the membership of the union representing railroad engineers — the Brotherhood of Locomotive Engineers and Trainmen — voted to authorize a strike if legal hurdles were cleared.

The possibility presented a challenge for the Biden administration. President Joe Biden had become known as the most labor-friendly president in recent history, while a walkout threatened to paralyze the economy with a potential cost of $2 billion per day. The administration eventually negotiated a deal with union leaders and company leaders, announced Sept. 15, 2022, requiring a significant pay raise for workers without meaningfully addressing their primary concerns: short-staffing and a lack of paid sick days.

Many elected officials and pundits lauded the deal, but it still needed to be ratified by each union’s rank and file.

Three unions representing railroad workers voted down the proposed contract, while others voted for it. Then, in November, the country’s largest rail union — the SMART Transportation Division, which represents conductors and brakemen — rejected the deal, and a national rail strike was firmly on the table. Even unions that approved of the deal pledged to honor any picket lines.

On December 1, 2022, at Biden’s urging, Congress intervened, passing a law to force the unions to agree to the deal. Many railroad workers were furious — and felt betrayed.

“It was very frustrating, from the ​‘most pro-labor president America’s ever had,’” says Matt Weaver, legislative director for the Brotherhood of Maintenance of Way Employees, the nation’s third-largest railroad union. ​“When [railroads] have record profits and profit margins, and yet this deal is imposed, we’ve seen that our labor is expendable.”

The ordeal has also led many railroad workers and industry watchers to consider a vastly increased role for government in freight railroads: nationalization.

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