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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.

Tesla Fired Over 30 Workers in Buffalo the Day After Union Announced Campaign

By Sharon Zhang - Truthout, February 16, 2023

The union has filed a complaint saying that the firings were retaliation for unionizing.

Dozens of Tesla workers in Buffalo, New York, were fired the day after workers announced their unionization campaign, a move that the union says amounts to illegal union busting.

According to Tesla Workers United, over 30 workers at the Buffalo “Gigafactory” were fired on Wednesday after workers went public with their union effort the day before, sending a letter to right-wing billionaire CEO Elon Musk asking him not to interfere with the union effort. At least one of the workers who was fired is a member of the union’s organizing committee.

Workers United, under which workers are unionizing, has filed a complaint over the firings, per Bloomberg. The union says that workers were fired “in retaliation for union activity and to discourage union activity,” and is seeking a federal injunction to stop the firings. It is illegal for companies to fire workers in retaliation for pro-union views or activities.

“These firings are unacceptable. The expectations required of us are unfair, unattainable, ambiguous and ever changing,” the union wrote in a statement. “For our CEO, Elon Musk, to fire 30 workers and announce his $2 billion charity donation on the same day is despicable. We stand as one.” (Musk announced on Wednesday that he donated $2 billion in Tesla shares to an undisclosed charity last year. When he made a similar donation in 2021, it went to his own foundation.)

Organizing committee member Arian Berek, who was fired, said that the decision left them dumbstruck. “I got COVID and was out of the office, then I had to take a bereavement leave. I returned to work, was told I was exceeding expectations and then Wednesday came along,” Berek said in a statement.

The Ohio Derailment Catastrophe Is a Case Study in Disaster Capitalism

By Mel Bauer - The Nation, February 15, 2023

As public outrage has grown over the toxic fallout from last month’s fiery derailment of a Norfolk Southern freight train in East Palestine, Ohio, the urgent questions behind this disaster echo the past year’s confrontations over working conditions in the lightly regulated rail industry.

Indeed, the catastrophe in Ohio—together with another hazardous derailment in Houston, Tex., just a week later—drives home the steep costs in health and well-being that we all incur when we fail to heed rail workers’ calls for more regulation and adequate staffing mandates. 

As rail workers sought to win basic guarantees of staffing support and sick leave from rail carriers long accustomed to selling labor short and winning major regulatory concessions from federal agencies, they stressed how the unsustainable demands placed on their working lives would result in disasters just like the one in East Palestine. The northeast Ohio village of about 5,000 people is 40 miles northwest of Pittsburgh and 20 miles south of Youngstown; already those metropolitan areas are under alert for the air and water contamination originating from the Palestine derailment. And in Palestine proper, many residents are already reporting troubling health symptoms and dying area wildlife as they weigh the risks of remaining exposed to the toxic fumes and chemical leaks from the derailed tanker cars carrying hazardous materials.

In the immediate aftermath of the derailment, rail officials ordered that the vinyl chloride hauled by five of the Norfolk Southern cars in the 150-car train be burned off to prevent a still greater explosion—but that action sent hydrogen chloride and phosgene, two dangerous gasses, spuming into the air. EPA investigators have since identified other hazardous chemicals the train had been hauling, including ethylene glycol monobutyl ether, ethylhexyl acrylate, isobutylene, and butyl acrylate. And the EPA has released a report saying that chemicals from the derailment have leached into the soil and water in the aftermath of the accident.

“Bomb Train”: Where Tory Rail “Modernisation” Ends Up

By Paul Atkin - Greener Jobs Alliance, February 15, 2023

This report from “Democracy Now” on the rail disaster in Ohio last week, in which a 150 car freight train carrying toxic chemicals derailed and a “controlled burn” by the company released “a fireball and mushroom cloud of smoke” into the environment, shows where the Tory “modernisation agenda” for the Railways ends up. 

All their key themes

  • cuts to staffing 
  • cuts to safety procedures
  • restrictions on the right to strike

are all in place in the USA; which is a model for the government’s attempts to deregulate employers while tying up workers’ capacity to resist.

The interviews with Emily Wright, community organizer based near the site of the derailment; Ross Grooters, a locomotive engineer and co-chair of Railroad Workers United; and Julia Rock, an investigative reporter with The Lever tell a cautionary tale everyone in the UK should know about.

 Please think of this next time you hear a government minister chuntering on about “modernisation” and “outdated practices” and pass this on.

“Bomb Train” in Ohio Sickens Residents After Railroad Cutbacks, Corporate Greed Led to Toxic Disaster | Democracy Now!

Why are Urban Ore Workers Trying to Unionize?

By Zack Haber - Medium, February 15, 2023

Workers say they want higher wages, scheduling reform, a just cause clause for terminations, and a say in how the company is run.

Workers at Berkeley’s popular salvaged goods store, Urban Ore, filed a petition to the National Labor Relations Board (NLRB) stating their intention to form a union through the Industrial Workers of the World on February 2.

That same day, an instagram account associated with the union drive posted a statement voicing support for the store and its mission of stopping waste while also pushing for higher wages and scheduling reform for workers.

“We are proud to work at Urban Ore, and we want to make it even better,” reads the statement. “Urban Ore allows its customers a more sustainable alternative for shopping, and we want it to provide more sustainable jobs.”

On February 5, workers held a rally to support their union drive outside of the store. Members of East Bay DSA and several unions, such as ILWU, Bay Area TANC, and the National Union of Health Care Workers, accompanied the workers.

The NLRB will soon hold a secret ballot election for the store’s 25 union eligible employees. If a majority votes to approve the union, it will be officially recognized.

Benno Giammarinaro, who works in Urban Ore’s merchandise receiving department, said he’s “definitely optimistic” employees will secure enough yes votes to unionize. As part of their union petition filing, a majority of the store’s employees have already submitted signed cards indicating a desire to form a union.

Mary Van Deventer told this reporter that her and fellow Urban Ore co-owner Dan Knapp would not do an interview. She did, however, email a written statement from the store saying it “respects the rights of its employees to unionize if that is what a majority desire.”

Workers want higher wages, which they say Urban Ore can afford to pay

Van Deventer’s statement also said the company offers “very competitive pay.” Urban Ore pays its non-managerial staff a base wage of $13.60 an hour, which is less than Berkeley’s minimum wage of $16.99. But these employees also get fluctuating additional wages as a portion of the store’s gross income goes to them. In January, this proportion was raised from 10% to 15%. This year the owners estimate the income share to provide a $9.25 boost to the base wage, meaning that, in total, they expect workers to make around $22.85 per hour.

Urban Ore worker Sarah Mossler said that she’s not against income sharing, but that the current model often leaves her worried about whether or not she can pay her bills.

“Bomb Train” in Ohio Sickens Residents After Railroad Cutbacks, Corporate Greed Led to Toxic Disaster

By Emily Wright, Julia Rock, Ross Grooters, Amy Goodman, and Juan Gonzáles - Democracy Now!, February 13, 2023

Fears of a wider health and environmental disaster are growing, after a 150-car freight train operated by Norfolk Southern derailed and a so-called controlled burn released toxic chemicals last week in East Palestine, Ohio. Residents reported seeing a fireball and mushroom cloud of smoke fill the skyline. Data released by the Environmental Protection Agency shows the train contained more toxic and carcinogenic chemicals than initially reported, including phosgene, a poisonous gas that has been used as a chemical weapon in war. Officials lifted an evacuation order for residents last Wednesday, saying the air and water were safe, but residents have reported sore throats, burning eyes and respiratory problems, and wildlife has been found dead. Meanwhile, scrutiny has turned onto Norfolk Southern, which in recent years has challenged regulatory laws aimed at making the rail industry safer and made mass cuts to railroad staffing while spending billions on stock buybacks and executive compensation. We get an update from Emily Wright, community organizer based near the site of the derailment; Ross Grooters, a locomotive engineer and co-chair of Railroad Workers United; and Julia Rock, an investigative reporter with The Lever.

Tesla Workers in Buffalo Are Unionizing, With Help From Starbucks Unionists

By Sharon Zhang - Truthout, February 14, 2023

Tesla workers in Buffalo, New York, are seeking to form the company’s first union, the workers announced on Tuesday, with help from leaders of the Starbucks union effort that has seen prodigious success over the past two years.

“We want Tesla to be the company we know it can be. Our union will further Tesla’s principles and objectives, including by helping to serve as the conscience of the organization and by ensuring and deepening our culture of trust and respect,” the union wrote in a statement urging the company to commit to not interfering with the union effort.

The workers are unionizing with Workers United, an affiliate of Service Employees International Union (SEIU). They sent an email to Musk on Tuesday announcing their intent to unionize, and are planning to hand out Valentine’s Day cards at work on Tuesday that read “Roses are red / violets are blue / forming a union starts with you,” with a link to a website where workers can sign union cards, per Bloomberg.

California is wary of taking this big step to fight climate change. One Democrat says it makes them ‘hypocrites’

By Joe Garofoli - San Francisco Chronicle, February 12, 2023

State Sen. Lena Gonzalez is calling out California as “hypocrites” when it comes to tackling climate change. 

Specifically, the Long Beach Democrat says the state’s massive public pension funds should put its money – $11 billion worth of investments in fossil fuel companies – where its mouth is, by divesting those funds from polluters and moving toward renewable energy sources.

Pension fund leaders say that divestment may sound good and feel good, but will “accomplish nothing” – and potentially put at risk the retirement benefits of teachers and other public-sector workers. 

Notably silent on this issue is California’s leading climate advocate: Gov. Gavin Newsom. And carefully watching this battle unfold from the sidelines – for now – is the politically powerful, 310,000-member California Teachers Association union. Just under 9% of its members are retirees.

Gonzalez would like to see Newsom take a more active position. She was a leader in writing the package of leading-edge climate bills that Newsom signed into law last year. 

But she’s dumbfounded as to why a state that has positioned itself as a leader by demanding electric vehicles, pledged to be carbon neutral by 2045, called a special session of the Legislature to penalize oil companies for “price-gouging” and is ready to ban gas-powered water heaters is balking at leveraging the massive economic power of its pension funds to force fossil fuel companies to be more green.

Why You Can't Ignore This Far-Right Trend

“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.”

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