(The following story by Joie Tyrrell appeared on the New York Newsday website on February 19.)
NEW YORK — A federal magistrate reserved decision Friday on whether to allow the Long Island Rail Road to continue using non-union labor in a Queens maintenance yard, a dispute that had prompted a strike threat by LIRR engineers last month.
Federal Magistrate Robert Levy said he would issue his recommendation later after hearing arguments Friday from attorneys for the LIRR and the Brotherhood of Locomotive Engineers and Trainmen who argued in federal court in Brooklyn. A time frame for Levy’s recommendation is unclear, but he will file his recommendation to U.S. District Judge Allyne Ross, who will render a decision.
However, a temporary restraining order issued earlier by the court preventing a threatened strike by the engineers, still stands.
“The order continues until a decision and it is the union’s decision that we want to have the sides all enjoined and put back at the bargaining table. It is not our intent to strike,” said Vincent O’Hara, the union’s attorney.
In court Friday, LIRR attorneys argued that the use of non-union labor to move trains in a leased maintenance facility is a minor dispute and that the railroad had done the same in the past. “We have a basic contractual right to do what we are doing,” said LIRR attorney Richard Schoolman, adding the railroad is not seeking to de-unionize. “When the warranty work is finished, Bombardier [the train’s manufacturer] will go.”
But the attorney for the engineers said it was a major dispute, and that the railroad should immediately return to the “status quo,” meaning that union engineers should be the ones to move trains. The union has asked the court to decide.
The union has contended the railroad violated its contract by agreeing to allow employees of Bombardier, the Canadian M 7 train manufacturer, to move trains for the warranty work at the Arch Street shop in Long Island City, which is under lease to Bombardier.
“There is nothing in our contract that allows for them to contract out,” said Robert Evers, general chairman of the union.
The railroad sought arbitration, but the two sides never met on the issue. On Friday, the railroad again offered arbitration.
“It’s our view that this is a minor dispute under the conditions of the federal Railway Labor Act and we made an offer of arbitration that is still available and we believe that this is where this should be addressed,” said LIRR spokesman Brian Dolan. The restraining order “remains in effect so our customers are not subject to any work stoppage.”
The union said it will await the court’s decision. In the meantime, Bombardier employees have been moving the trains at the yard.
“This is much larger than the Arch Street facility,” said O’Hara. “They are seeking an unlimited right to contract out work.”