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4/14/2020



Rail News: Federal Legislation & Regulation

Unions to FRA: Railroads must recall furloughed workers before seeking safety waivers


Ronald Batory is administrator of the Federal Railroad Administration.
Photo – fra.dot.gov

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A coalition of rail labor organizations is asking the Federal Railroad Administration (FRA) to ensure freight railroads are recalling furloughed workers before seeking waivers from federal safety regulations.

In an April 9 letter to Federal Railroad Administrator Ronald Batory, the unions said there "must be a strong burden of proof for rail carriers to demonstrate that there is a true labor shortage" before requesting waivers from certain regulations due to a COVID-19-related worker staffing shortage.

The FRA on March 13 activated an emergency relief docket that allowed the agency to waive certain regulations, including those that concern rail safety and wellbeing and fair treatment of employees, the unions' letter notes. As a result, the unions are "carefully monitoring" railroads' requests for relief and may comment on existing or future petitions.

In the many requests submitted so far, petitioners are citing potential COVID-19 related reductions in staffing levels that make the regulatory relief necessary, the unions noted. For example, the FRA received a joint request from the Association of American Railroads, the American Short Line and Regional Railroad Association and the American Public Transportation Association that claims such regulations will "affect railroads' ability to keep freight rains carrying critical goods and materials necessary for the country's welfare," the unions noted.

"If a carrier finds itself short on active employees, its first option must be found in the abundant supply of out-of-work railroaders, not in administrative intervention to be exempted from safety-critical regulations," the unions' letter states.

If furloughed employees cannot return to work because they need retraining, the unions asked that the FRA offer them a temporary waiver from certain training requirements, provided that the workers meet those requirements within 60 days.

Moreover, the unions ask the FRA to require rail carriers to report weekly on each individual regulatory waiver used, where and when it was used and a list of manpower shortages or other conditions that make the waiver necessary.

Rail unions signing the letter include the American Train Dispatchers Association, Brotherhood of Locomotive Engineers and Trainmen, Brotherhood of Maintenance of Way Employes Division and the International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division.

 



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