Union Pacific, one of the country’s largest railroads, has sued unions representing its workers, claiming they are threatening to illegally strike over the railroad’s move to enforce President Joe Biden’s COVID-19 vaccine mandate, allegedly imperiling the country’s already struggling supply chain.
On Oct. 15, Omaha, Nebraska-based Union Pacific filed suit in Chicago federal court against the International Association of Sheet Metal, Railroad and Transportation Workers – Transportation Division, asking a federal judge to find the union has violated federal labor law.
The court filing centers on Union Pacific’s move to compel its workers to be “fully vaccinated against the virus that causes COVID-19” by Dec. 8.
Union Pacific CEO Lance Fritz
| Union Pacific
Union Pacific said it has taken that action to comply with an executive order issued by President Biden in September. That order requires all “’covered employees’ of federal contractors” to be vaccinated against COVID-19 “no later than Dec. 8, 2021.”
According to the complaint, Union Pacific asserts it is such a federal contractor, and so must comply with Biden’s order.
However, when Union Pacific informed its workforce on Oct. 11 of its intent to comply with Biden’s order, the SMART-TD union allegedly responded by telling Union Pacific the union viewed such a vaccination requirement as a “’major dispute’ under the (Railway Labor Act) over which they would have the right to strike.”
“In that letter, SMART-TD stated that it ‘strongly disagrees with Carrier’s (Union Pacific’s) action to unilaterally require a vaccination as a condition of employment,” Union Pacific wrote in its complaint.
The railroad said SMART-TD further asserted the railroad cannot enforce the vaccine mandate until it completes collective bargaining talks with its unions.
Union Pacific said another union, the Brotherhood of Maintenance of Way Employees Division/IBT, also objected in writing to the railroad’s decision to enforce the vaccination mandate. That union, however, did not threaten to strike, though Union Pacific noted the BMWED union has in the past collectively bargained with Union Pacific over other COVID-19 workplace issues and other “related subjects.”
The complaint also names the BMWED union, and the four chairpersons of the SMART-TD union, as defendants.
In its complaint, Union Pacific noted the railroad and its unions are in the midst of collective bargaining talks. Under the RLA law, Union Pacific said, at this point in that negotiation process, both sides are prohibited from engaging in work stoppages, including strikes or lockouts.
While some disagreement may exist between the railroad and the unions over enforcement of the vaccine mandate, Union Pacific asserts that amounts to a “minor dispute,” which is to be resolved through mandatory arbitration, and not work stoppage actions, like strikes.
“The characterization of a dispute as a ‘minor dispute’ does not reflect the importance or value of the dispute,” Union Pacific wrote. “Rather, the term ‘minor dispute’ reflects that the nature of the dispute is one over the interpretation or application of an existing agreement, rather than a dispute over the formation or change to an agreement.”
Union Pacific further argued compliance with the vaccine mandate is not a topic for contract talks.
“It is a legal obligation,” Union Pacific wrote, and so the mandate supersedes any provisions in the union contracts that may conflict.
In the complaint, Union Pacific notes a strike against Union Pacific at this time “would cause substantial disruption to Union Pacific and to the national freight transportation system.”
Such a disruption could further hobble the U.S. supply chain, which is struggling amid a massive freight backlog offshore and continued disruptions to the national economy caused by COVID-19 and the government restrictions imposed in response to the pandemic.
Union Pacific’s lawsuit asks the court to declare the SMART-TD union has violated its obligations under federal labor law, and to declare that all disputes must be resolved through the negotiation and arbitration processes, without strike threats.
Union Pacific is represented by attorneys Jeremy Glenn, Robert S. Hawkins and Andrew J. Rolfes, of the firm of Cozen O’Connor, of Chicago and Philadelphia.