CLEVELAND, August 15 — In dismissing the United Transportation Union’s application to create a single operating craft on the Kansas City Southern Railway, the National Mediation Board ruled in the BLE’s favor on a number of points to confirm that two distinct operating crafts exist on the Class 1 railroad.
The UTU had argued that “mandatory progression” from trainman to engineer is one reason why the crafts should be combined. The NMB sided with the BLE on this issue, ruling that, “When the need for engineers increases, the most senior qualified train service employees willing to work in engine service are called up. There is no forced ‘promotion’ to engine service…”
The NMB backed the BLE in citing a lack of cross-utilization between train service employees and engine service employees as proof that the crafts are distinct and separate.
“During the period June 15, 2001, through September 15, 2001, 45 out of 1,219 (3.7 percent) operating employees worked in both train service and engine service,” the NMB ruled. “Accordingly, the UTU application is… dismissed.”
The Board emphasized another major craft distinction in its ruling — the fact that locomotive engineers are Federally certified while conductors are not.
“Although train service employees and engineers have joint responsibilities, such as the safe operation of the train, most of their duties are job specific,” the NMB ruled. “In addition, engineers are required to obtain Carrier certification in accordance with Federal regulations.”
The NMB’s decision was reached in part based on an amicus brief filed by the International Brotherhood of Teamsters and the AFL-CIO in support of the BLE.
Teamsters General President James P. Hoffa hailed the decision, saying “The NMB has once again rejected UTU’s attempt to create a new legalistic strategy to raid long-established BLE jurisdiction. The NMB’s decision is soundly based on established precedent and the fundamental need for stability in the law and bargaining relationships that is embodied in the Railway Labor Act. We congratulate BLE President Don Hahs and the rest of the BLE and its members on this important victory. The Teamsters Union was pleased to be able to assist in obtaining the correct result.”
The NMB ruling also reemphasized railroad management’s support of the UTU’s single-craft theory. “This gives the impression that UTU International leaders are carrying out the wishes of rail management,” BLE International President Don Hahs said.
Portions of the NMB’s ruling read:
“The National Railway Labor Conference… think[s] it clear on its face that in today’s circumstances, representation of a single craft or class of operating employees, rather than divided crafts, would create a more stable and constructive labor relations environment, thereby improving railroad operations.”
The Board also noted those labor organizations that petitioned the NMB in favor of the BLE’s position: Brotherhood of Railroad Signalmen; American Train Dispatchers Dept.; United Steelworkers of America; Transport Workers Union of America; International Association of Fire Fighters; International Association of Machinists & Aerospace Workers; Brotherhood of Maintenance of Way Employes; Sheet Metal Workers’ International Association; International Brotherhood of Electrical Workers; the International Brotherhood of Teamsters; the AFL-CIO; and the AFL-CIO’s Transportation Trades Department.
UTU President Byron Boyd responded to the Mediation Board’s decision by stating, “Stay tuned.”
“All Labor should be working together representing our members to the best of our ability,” President Hahs said. “Hopefully Byron is tuned in to the right channel.”
A complete copy of the August 14 decision is available on the NMB’s website at:
http://www.nmb.gov/representation/deter2002/29n081.pdf