Commentary

SMART-TD’S Current Appeals Court Victory A Pyrrhic Win

A Pyrrhic win is a victory that inflicts such a devastating toll on the victor that it is equivalent to a defeat, because it takes a heavy toll that negates any true sense of achievement or damages long-term progress. The phrase originates from a quote from Pyrrhus of Epirus, whose triumph against the Romans in the Battle of Asculum in 279 BC destroyed much of his army and, while a tactical victory, forced the end of his campaign. If you examine it closely, the Aug. 28 U.S. Court of Appeals for the 5th Circuit vacating an injunction that forced Sheet Metal, Air, Rail Workers-Transportation Division (SMART-TD) General Committees to bargain over crew consist size and redeployment is a Pyrrhic victory for the union.

Union Touts Victory. Is It a Hollow One?

The U.S. Court of Appeals for the 5th Circuit, Judge Kurt D. Engelhardt presiding, on Aug. 28 issued its decision in BNSF et al v. SMART-TD (Case No. 20-10162) concerning crew consist size, vacating an injunction that forced Sheet Metal, Air, Rail Workers-Transportation Division (SMART-TD) General Committees to bargain over crew consist size and redeployment, despite the existence of moratoria that bar such negotiation. The National Railway Labor Conference (NRLC), which represents the carriers, while acknowledging the court’s decision, countered that the union’s objections are subject to arbitration, and as such bolster the railroads’ efforts to negotiate over crew size. One industry observer, who has been on both sides of the bargaining table, says SMART-TD leadership is not acting in the best interests of the membership they represent.

Commentary

Rail Union Ordered to Bargain on Crew Consist

This is about a railroad labor union committed to serving its dues paying members, and a rail industry losing its core revenue traffic—coal—and now facing off against omnipresent low-cost, non-union truckers for the trailers and containers comprising much of the railroads’ future traffic base. It’s about new technology—the product of knowledge that for centuries has transformed the nature, quality and quantity of work. In this instance, the technology is Positive Train Control (PTC), a safety overlay system substituting artificial intelligence for engineer inattention or distraction. PTC, as does most new technology, creates job redundancies.