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3/2/2009



Rail News: Rail Industry Trends

CSXT, UTU agreement eliminates 'double jeopardy' conundrum


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CSX Transportation and the United Transportation Union (UTU) recently reached an agreement that ensures union members who work for passenger and commuter railroads operating over the Class I’s track no longer be subject to “double jeopardy” when disciplined for rules violations, according to the UTU.

For example, a union member employed by Amtrak who was disciplined by the railroad for a rules violation “often found that at the end of the disciplinary period and return to service, CSXT, as the track owner, barred that employee from again working over CSXT track,” UTU officials said in a news item posted on the union’s Web site.

The employee then could be fired even though Amtrak cleared the employee to return to work. In addition, no process was in place to appeal such decisions, the UTU said.

CSXT has maintained that, as track owner, the Class I was lawfully permitted to bar a passenger or commuter railroad employee from operating trains over CSXT track. Following more than a year of negotiations, the Class I agreed to end that practice, the UTU said.

"Henceforth, CSXT will not impose a second and more harsh discipline on Amtrak or commuter carrier employees who are disciplined initially by Amtrak or the commuter carrier and later returned to service," said UTU International President Mike Futhey.


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