STATUS OF NATIONAL RAIL NEGOTIATIONS The following letter to all U.S. rail general chairpersons and state legislative directors was sent today (March 17) by UTU International President Paul C. Thompson:
National negotiations have completely broken down. The carriers served a Section 6 notice on the operating organizations demanding the right to consolidate all train and engine service positions.
The preamble to this notice clearly articulates that the proposed consolidation of operating positions contemplates the use of new, technologically advanced train control systems which enhance productivity and provide additional safety benefits. In other words, we were told that with the introduction of these emerging technologies in the workplace, certain through-freight trains could be safely and efficiently operated by one onboard employee.
We were originally led to believe that in the context of the carrier's Section 6 notice, the term "technologies" and so-called "positive train control" was one and the same.
On March 2-3, 2005, the National Transportation Safety Board held a symposium on positive train control in which every major railroad was represented, as well as the UTU and other rail labor unions. Out of this symposium came solid information confirming that the technologies on which the carriers based their Section 6 notice are not perfected to the point that they can accomplish what we were originally informed was possible.
In fact, none of the carriers are currently pursuing the concept of positive train control, but rather are experimenting with various forms of far-less-effective operating systems. Each of the railroads are moving in different directions, using different technologies, and it was clearly indicated that none of the systems are capable of being interchanged or transported onto a foreign carrier's property.
Several of the railroads clearly indicated that they do not have the ability or desire at this time to implement any of the systems. Furthermore, the Association of American Railroads testified that the underlying technologies "were not proven to be reliable" and "are not ready for revenue service."
It took only four short negotiating days to learn that the carriers' Section 6 notice has absolutely nothing to do with technologies. It constitutes a ploy to completely dismantle UTU's existing crew consist agreements.
In fact, we were advised that in the opinion of the National Carriers' Conference Committee (NCCC), crew consist agreements are nothing more than "protection agreements" and not "employment agreements." While we surmised that this was the carriers' intent all along, it took four days of negotiations to finally get the NCCC to admit their true intentions regarding our crew consist agreements. During the first three days, they played on words in an attempt to disguise their true intentions regarding the matter.
On March 15, 2005, UTU filed suit in U.S. District Court for the Southern District of Illinois in East St. Louis to stop the railroads from demanding the union collectively bargain with the carriers over their desire to abolish all conductor jobs aboard through-freight trains and brakeman positions on locals and road switcher assignments.
One only has to look at the history of crew consist to establish just how credible the carriers are when they negotiate an agreement and collectively agree in writing to include moratoria provisions. In spite of those provisions, on most properties the carriers have come back not once, but twice, and sometimes three and four times, seeking to make further reductions to our crew consist provisions. Each time, they demanded additional concessions after assuring our general committees that there would be no further reductions in crew size. Even their written commitments are not to be trusted.
UTU is going to be proactive and go the limit to protect our crew consist agreements and make the railroads live up to their written commitments.
The very people who have worked day and night to help the industry enjoy record profits are the ones they are now attempting to eliminate so that additional record profits can be made. Railroad workers today, in assisting the railroads in their daily operations, suffer from fatigue and lack any kind of quality of life with their families. This latest attack destroys the trust that the employees have in their employer. Nothing can ever be gained by destroying the morale of the work force.
I want to thank each operating employee on every railroad for his or her support and understanding of the serious issues currently facing our industry.
Fraternally yours,
Paul C. Thompson
International President
9:30:04 AM 
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