CSX Transportation and the UTU have reached an agreement assuring UTU members working for passenger and commuter carriers operating over CSXT track will no longer be subject to double jeopardy when disciplined for rules violations.
Prior to the agreement, UTU members operating Amtrak or commuter trains over CSXT track were subject to double jeopardy.
For example, a UTU member employed by Amtrak, and who was disciplined by Amtrak for a rules violation, often found that at the end of the disciplinary period and return to service, CSXT, as the owner of track, barred that employee from again working over CSXT track.
This effectively caused the employee to be fired even though Amtrak or a commuter carrier, such as Florida Tri Rail, cleared the employee for a return to work.
CSXT maintained that, as owner of the track, it was lawfully permitted to bar an Amtrak or commuter carrier employee from operating trains over CSXT track -- and there was no avenue of appeal.
This was in spite of the fact that Amtrak and commuter carrier employees work under collectively bargained agreements with Amtrak and commuter carriers providing protection against arbitrary or capricious disciplinary action, and further providing that their disciplinary action may be reviewed by a public law board or arbitrator.
Nonetheless, CSXT, as owner of the track used by Amtrak and commuter carriers, was denying these Amtrak and commuter carrier employees their contractual rights under their Amtrak and commuter carrier agreements.
Following more than a year of difficult negotiations, CSXT agreed to end its practice of barring Amtrak or commuter carrier employees from working over CSXT track after Amtrak or the commuter carrier cleared that employee for a return to service.
The successful negotiations were conducted by CSXT General Chairperson John Hancock (GO 851), Amtrak General Chairperson Al Suozzo (GO 769), and UTU Florida State Legislative Director Andres Trujillo.
The breakthrough came after Trujillo applied political pressure, creating obstacles to a pending CSXT deal with the State of Florida over commuter operations on CSXT track. In exchange for the UTU ending its opposition to CSXT's deal with the state, CSXT agreed to end its imposition of employee double jeopardy.
"The bottom line is that UTU PAC contributions, which give the UTU substantial political influence at the state and national level, created the necessary leverage to negotiate the end to employee double jeopardy by CSXT," said UTU International President Mike Futhey.
"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," Futhey said.
National Legislative Director James Stem said, "This process once again demonstrates the value of UTU PAC and why dollar-per-day UTU PAC contributions pay handsome dividends to our members."
Said Trujillo, "The UTU-CSXT agreement means CSXT is now bound by the decision of whatever internal or external appeal process is employed by the UTU and the UTU member's passenger or commuter service employer, so long as CSXT is given third party standing in the proceedings. The agreement further improves our members job security."
Hancock, a Diamond UTU PAC member ($100 monthly), said that "Without UTU PAC, the agreement with CSXT could not have been accomplished. I cannot over emphasize the importance of UTU PAC. CSXT and other railroads fear its power."
