Union Pacific cleared to implement 'Safety Awareness Training'

A federal judge has dissolved the temporary restraining order that prohibited Union Pacific from implementing its Safety Awareness Training program.

In December, the BLE secured the TRO after arguing that UP had unilaterally established the program as a way to intimidate injured workers. On February 9, U.S. District Judge David R. Herndon reversed the decision. His ruling is based on the fact that UP held SAT meetings dating back to 1994.

"Here, the BLE contends that the SAT program is a new practice that is not authorized by the collective bargaining agreement, while Union Pacific contends that the SAT program is a past practice, therefore, it constitutes a 'minor dispute' which this court lacks the jurisdiction to hear. The court finds the position taken by Union Pacific to be supported by the evidence.

"In 1994, Union Pacific began holding SAT programs, contrary to BLE's allegations. These SAT programs were held at the Cheyenne Service Unit, the Houston Service Unit, and the Wichita Service Unit the December 1999 Arkansas SAT program is not a new practice; it is a past practice as defined by the law."

Under the SAT program, workers who were recently injured, or injured twice in the last five years through no fault of their own, were brought in for a full day session of graphic videos and intimidating speeches delivered by UP management. The videos were filled with violence and gore, showing limb amputations and workers being crushed between coupling cars. Workers were also subjected to 90 days of observation following the session, sometimes unaware they were being watched.

© 2000 Brotherhood of Locomotive Engineers