The Union Pacific Railroad asked a federal judge for a permanent injunction to keep union members from protesting a job change.
The railroad announced in January that it would employ a new rail pick up machine, manufactured by the Loram Company. The new machine will be used to pick up old rail that was no longer needed and to deploy new rail that would replace it.
The new machine uses gantry cranes and UP plans to outsource the operation of the cranes to Loram employees, according to their lease.
Prior to the new lease, the job of replacing and adding rails were performed by the Brotherhood of Maintenance of Way Employees Division union with the help of American Railway and Airline Supervisor’s Association Brotherhood of Locomotive Engineers and Trainmen.
The new gantry crane will replace the power car, eliminating the need to move the train and the need for supervisors and engineers. It also eliminates the need to have track force employees to walk atop rail cars to guide the rails during the pick up process, according to the lawsuit.
Under the new lease, according to the lawsuit, UP employees and members of the three unions would no longer be needed to perform the jobs they traditionally performed to replace track.
The cranes have hoists, operated by a union employee, that pull the rail closer to the track. The gantry crane then lifts up the end of the rail and pulls the rail onto cars, the lawsuit said.
Union members will continue to perform welding and rail connecting necessary but the cranes eliminate the need for a power car operator, an engineer and several other track force employees.
In February, UP met with the BMWED representatives. Union officials said their members should operate the cranes as per their collective bargaining agreement.
UP argued the job was not within the scope of the agreement and said the unions most impacted by the change would be ARASA supervisors and BLET members