FORT WORTH, Texas — A judge has granted BNSF Railway a temporary restraining order, blocking a threatened strike by two of its unions over new work rules.
The Fort Worth Star-Telegram reports U.S. District Court Judge Mark Pittman said that his ruling does not address whether the dispute between BNSF and the unions — the Brotherhood of Locomotive Engineers and Trainmen, and International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division — is major or minor, which would determine the legality of a strike.
Instead, his ruling says BNSF was likely to win the dispute on the merits of its argument that the so-called Hi Viz attendance policy is “justified by the terms of the parties’ collective bargaining agreement,” and that BNSF would suffer “substantial, immediate and irreparable harm” while the unions would not suffer any harm that the court or an arbitrator could not ultimately remedy.
The restraining order expires on Feb. 8, unless otherwise ordered by the court.
The unions, which represent about 17,000 railroad employees, had indicated they might strike Feb. 1 over the new attendance point system, which they say will penalize employees if they miss work for almost any reason [see “BNSF unions threaten strike …,” Trains News Wire, Jan. 13, 2022]. BNSF says the new policy “is designed to provide employees with real-time information and greater flexibility, so they can make informed decisions about their work schedules.”
In response to the court order, SMART-TD issued an “urgent notice” to its members instructing them not to take any job action. “Your Union will continue to challenge BNSF’s Hi Viz policy in court and will seek to have the Court’s Order lifted,” the notice reads. “However, so long as the Order remains in place, all SMART-TD members must comply.”
— Updated at 7:20 p.m. CST with expiration date for restraining order, union instructions to employees.
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