(The following story by Kelly Hannon appeared at Fredericksburg.com on May 22, 2010.)
FREDERICkSBURG, Va. — The Virginia Railway Express Operations Board issued a rare public rebuke of Amtrak yesterday, claiming it is interfering with the commuter train system’s ability to transfer operations to an Amtrak competitor by a June 28 deadline.
The board directed VRE’s attorney and CEO to review all possible options for action, ranging from filing a lawsuit to getting assistance from federal legislators and regulators.
“We still believe we’re going to make the transition on the 28th,” said Stafford supervisor Paul Milde, chairman of VRE’s Operations Board. “We also are certain, I am certain, Amtrak is trying to frustrate our efforts.”
Keolis Rail Services America bested Amtrak in a legally required competitive bid process for VRE’s train operations in 2009. Amtrak placed third, behind Bombardier Transportation. Amtrak had operated VRE’s trains since 1992.
Yesterday, after the resolution passed, Amtrak spokesman Steve Kulm said the railway is acting quickly on VRE and Keolis requests related to the transfer.
“Keolis won this contract. They won it eight months ago. In another month, it’d be nine months they’ve had to get their act together, to do what they needed to do, and it certainly appears they have not reached that threshold,” Kulm said. “Amtrak has been cooperative throughout the process.”
VRE officials disagree.
In a letter hand-delivered to U.S. Sen. Mark Warner on Wednesday, VRE Chief Executive Officer Dale Zehner claims Amtrak has been undermining VRE’s ability to hire and train Keolis staff.
As an attempt to discourage workers from joining Keolis, Amtrak offered a $5,000 bonus to anyone who remained with Amtrak, Zehner wrote.
Also, Amtrak, which operates Union Station, also “began a process of arbitrarily changing the crew qualification rules, making changes as recently as last week,” Zehner wrote.
Finally, “all the while Amtrak has also been sending letters to government officials and making statements in the press casting doubt on the preparedness and safety of the Keolis operation,” Zehner wrote.
Zehner asks for Warner’s assistance obtaining Amtrak’s cooperation as needed in the transition.
“Amtrak is using taxpayer-funded resources to frustrate another public entity charged with providing public rail transportation. This cannot be allowed. Amtrak had a full and fair opportunity to compete for continued operation of VRE service, but could not compete with two other firms,” Zehner wrote.
Since winning the contract last fall, Keolis has hired nearly all of the 45 engineers and conductors to operate the commuter trains. The bulk of the hiring occurred in the past month, since Keolis gave Amtrak workers on VRE trains until late April to decide to switch.
Keolis offered the same salary, benefits and bonus as Amtrak, but all but one Amtrak employee elected to stay. The current conflict has arisen over training the new Keolis employees, hired from other U.S. freight and passenger rail operations.
Before service can start June 28, Keolis workers must pass written tests administered by all three track owners in the VRE operating area: Amtrak, CSX Corp. and Norfolk Southern.
Also, each Keolis employee must operate six round-trip, supervised training runs on VRE trains.
Milde said CSX and Norfolk Southern have been helpful during the training process, and the majority of new Keolis employees have passed their written tests, and the first training train started yesterday.
Amtrak is administering several exams to Keolis workers on rules within the 1.5 mile section of track at Union Station.
Originally, Keolis was told new employees needed to answer 85 of 100 questions correctly to pass, Zehner said. Then, the pass threshold was raised to 88 correct answers, he said.
Also, Keolis had asked Amtrak if some new employees who had operated trains in Union Station had to re-take the exams.
At first they were told no, Zehner said, then Amtrak changed its answer and said the workers would have to pass the exams after all.
Amtrak spokesman Kulm said the 88 question pass rate has been in place since Jan. 1, 2010. It is the standard for all of Amtrak’s new hires, and employees undergoing re-certification.
“It’s not directed at Keolis. It affects Amtrak’s national network,” Kulm said.
But according to a March 1, 2010, e-mail from Amtrak CEO Joseph Boardman to Zehner, VRE was told Keolis employees needed a pass rate of 85 or better, said Mark Roeber, VRE spokesman.
VRE Operations Board members also said they disliked Amtrak’s public statements that Keolis would not be ready for service.
VRE officials refuted a press release issued by Amtrak late Thursday that said Zehner told Amtrak’s CEO Boardman in a meeting Thursday that Keolis would not be able to start running trains on the start date.
Zehner denied saying that.
“I did not say Keolis is not ready for service,” Zehner said. “Emphatically, did not say that.”
Because of delays caused by Amtrak in the training process of Keolis employees, Zehner said he had asked that if Keolis could not start service by June 28, whether Amtrak would be willing to help run trains for one or two weeks in the transition.
Kulm said Amtrak is standing by the release.
Milde said he thinks the release crossed a line.
“I think it’s just sour grapes. Inappropriate. It certainly flies in the face of their earlier statements that they would help in this transition,” Milde said.
If Keolis is not ready to begin operations on June 28, Amtrak will help operate trains, Kulm said.
Passengers worried about how they will get back and forth to work shouldn’t worry, Kulm said. Amtrak wants to take that anxiety off the table, he said.
“We want to help VRE passengers,” Kulm said. “We will not let VRE passengers go without service.”
Milde said Amtrak should concentrate on improving its customer service, and it will have another shot at the VRE contract in five years.
“As long as they stop obstructing this transition, we’re going to be OK,” Milde said.
The next step will be up to the government groups that oversee VRE, the Northern Virginia and Potomac and Rappahannock Transportation Commissions. Their next meeting is June 3.