The Fight of Our Lives

Engineers prepare to draw the line on Union Pacific

The Independence Day fireworks spilled over to July 6th this year in Washington, D.C.

That was the first day of critical hearings before the National Mediation Board, and hundreds of members of the Brotherhood of Locomotive Engineers were on hand to make sure the day didn't slip away quietly.

Even as BLE attorneys were delivering an airtight case in defense of the craft of locomotive engineer before the NMB, BLE members marched through the streets of the city to NMB headquarters, weathering 102-degree heat in order to make their voices heard.

It was a demonstration that had bubbled up from the grassroots, where members had traded e-mails and phone calls to vent their anger over the application of the United Transportation Union to combine the crafts of locomotive engineer and conductor into a single craft of "train and engine service employees." In the end, they HAD to come to Washington.

They came from all across the country on that oppressively hot July 6th morning. BLE members, GIA members and their children, along with supporters from other unions, descended on the nation's capital. The hellish temperatures acted as a confirmation of their heated passions. Grassroots activism, the fire behind many labor victories, was at work.

"Save our craft! Save our jobs!" shouted the marchers, as they strode down K Street toward the NMB headquarters.

What could get engineers from West Virginia, Texas and Washington State (to name a few states represented) to Washington, D.C. for a two hour march and rally in 102-degree heat?

Simple.

Everything is at stake. The outcome of the NMB case will determine whether or not the craft of the locomotive engineer ­ and a proud, 136-year tradition ­ will survive on the largest carrier in the United States. If the NMB decides in favor of the UTU and combines the crafts, it will mean the end of our craft on the Union Pacific/Southern Pacific.

A ruling favorable to the UTU will force a representation election on the UP/SP lines, where BLE members are outnumbered 3-2 by UTU members. If the UTU wins, BLE members would be represented by the union responsible for the "Halloween agreement," which created a lesser pay scale for new hires. The UTU also bargained away hindend crafts and the negotiated the attrition of the craft of fireman.

As if that's not bleak enough, the results could be much worse. According to NMB rules, if a majority of the eligible voters do not cast ballots, the result could be ... not union.

Although the case before the NMB has yet to be decided, the BLE understands we can't wait for the outcome to take action.

We're preparing for a fight.

"The UTU is not going to steamroll us," said BLE President Edward Dubroski. "We're fighting for our craft and for the sovereignty of our union. The BLE can prevail, but it will take the total commitment of every member of our union. Members must realize that their craft and jobs are at stake. Now is not the time to sit idly by and be apathetic.

"We're really proud that our membership stood up to be counted on July 6th. We need to keep up that energy," he said. "We are activating our Mobilization Network. We must win this fight."

What's really behind it

Dubroski knows the genesis of this battle, and it disgusts him. "UTU's leaders are desperate. This is a raid on BLE membership, pure and simple," he said.

The UTU is a union in decline. Membership has plummeted from 250,000 to 75,000 over the past 30 years. Technological change has reduced its membership and bargaining power, and led it to raid other unions for new members.

Now the UTU could face serious financial problems stemming from the possible improper use by UTU leaders of a benefit fund that appears to be restricted by the federal ERISA law. The Department of Labor is investigating, and possible fines and repayment could reach into the million.

UTU leaders have indicated that the destructive course set on the Union Pacific will be continued on each and every Class 1 rail carrier in the United States, if the NMB agrees to combine engineers and conductors into one class and force a winner-take-all representation election.

That's why the BLE must stop them now on the Union Pacific.

"They need the engineers because we are the craft of the future," said Dubroski. "All of labor sees through this fight, and they've lined up against UTU leadership, even imposed sanctions. But that hasn't changed the minds of UTU leaders. Maybe their members will feel differently."

Weapons deployed

The BLE is waging a comprehensive campaign on numerous fronts: the legal battle waged before the NMB, the political battle in league with all of the rest of the labor movement, and the public relations battle before the national and local news media. But none of these fronts are as important as the fire at the grassroots, and the willingness of members to raise their voices for their union and their craft.

The rally and march in Washington was the first step. Now the union will try to expand that activism through its National Mobilization Network.

"We have a plan, and we have the means to put our Mobilization network to use," said Vice-President Bill Walpert, who heads the BLE's Department of Internal Organizing, Mobilizing and Strategic Planning. "The system is tested and it's updates. We're moving forward with our plans so that we can go full throttle, if necessary."

While the threat of losing the craft should be strong enough to rouse members, the threat of being represented by the UTU should be even more incentive, Walpert said.

"If the UTU wins a representation election, then we face the possibility of combined seniority," he said. "We could see the elimination of work rules. Things won't be the same."

"Our ability to let people know the facts will help us if we face an election," said Walpert. "UTU leaders have been talking out of both sides of their mouths. They preach the preservation of the craft to members, but their case before the NMB says just the opposite. Conductors and engineers need to know that their crafts will be eliminated by UTU leaders' actions."

Walpert and others know BLE members are up to the task of defending their craft. That's because BLE leaders already saw what their members' strength and determination could accomplish.

The July 6th rally and march demonstrated the true power of unions ­ bringing together people united for one cause and giving voice to that cause. BLE members gathered at Lafayette Park across the street from the White House, then marched to NMB headquarters, where they heard from former President Clarence Monin, who was attending the hearings.

"The hearing room is right up there on the second floor," Monin said. "Let's let them know why you're here."

The crowd immediately broke into the chant, loud and clear: "Save our craft. Save our jobs."

Waging the paper war

Inside the NMB that day, a much different battle was taking place. BLE attorneys delivered a solid case with examples to defend our position that he crafts of locomotive engineer and conductors are separate and distinct. Both are necessary for the safe and efficient operation of trains.

"Our case before the NMB is airtight," said BLE General Counsel Harold Ross. "If the Board makes its ruling based solely on the legal arguments, precedents and the law, then the BLE should win, hands down."

Of course not all cases are decided by logic and precedent ­ especially in Washington, where politics holds sway. That's why BLE leaders continue to draw up plans for a BLE-UTU showdown on the Union Pacific.

While the NMB may not rule in our favor, we know that we have the support of the entire labor movement. The AFL-CIO found the UTU to be in violation of the labor federation's constitution and imposed sanctions on the renegade union. That opens the door for raids by other union on the UTU, which cannot seek protection from the federation.

"We should be working together, fighting our common enemy, the carriers," Dubroski said. "But, for now, we must continue our preparations. Hope for the best ­ that the NMB rule as it should ­ but prepare for the worst. No matter what happens, the BLE will be ready."