(The following story by Joie Tyrrell appeared on the Daily News website on January 28.)
NEW YORK — A day after a federal judge issued a restraining order preventing a strike by Long Island Rail Road engineers, union leaders said yesterday they may have lost the battle, but the war rages on.
Robert Evers, general chairman of the Brotherhood of Locomotive Engineers and Trainmen, said the union would obey the judge but is preparing for a court date Feb. 18, where it will fight the LIRR’s decision to use outside labor to move trains in a Queens maintenance yard. A source close to the LIRR said a handful of trains were moved last night and there were no problems.
The union’s attorney denied the strike threat was a tactical move in advance of contract negotiations next month. He said it’s more than a minor issue because it could lead to the railroad privatizing other types of work. “Yes, the negotiations are coming, but this is a much larger issue than negotiations,” said union attorney Vincent O’Hara of Manhattan.
For example, Evers added, the railroad could decide to contract or lease the operation of its stations or branches to a private business.
“What union would ever agree to allowing employees from another company who they do not represent do their work?” he said.
LIRR spokesman Brian Dolan declined to comment yesterday because the “matter is in federal court,” he said. The railroad has contended that it has used outside labor for warranty work in the past.
At issue is the warranty work being performed on the new M-7 electric cars by the manufacturer, Bombardier of Canada. The railroad leased a Long Island City maintenance shop to Bombardier for the work.
LIRR officials have said the train’s toilets often clog and need to be repaired. Also, the new trains must be retrofitted to stop them from swaying in extreme cold.
Evers said he doesn’t dispute that the railroad is entitled to the warranty work, but the existing union contract stipulates that certified LIRR engineers should move the trains. He said the union will abide by the judge’s decision.
“As a matter of fact, the only reason that we threatened to walk out was because of the LIRR’s refusal to bargain in good faith,” Evers said. The railroad sought arbitration, but the two sides never met on the issue.
While commuters were thankful not to have to suffer through a strike, some questioned whether the union’s position led to this week’s delays and canceled trains.
“It just seemed too coincidental to me,” said one commuter from West Hempstead. “We have been late going in, late coming home. It’s been horrendous.”
But Dolan said the weekend’s snowstorm as well as the extreme cold led to delays systemwide. In some cases, snow worked into the equipment and “water and electricity don’t mix, causing shortages and failures,” he said. “We’ve been experiencing those problems all week.”