by James Brunkenhoefer
National Legislative Director
When it comes to railroad safety, Congress gave regulatory jurisdiction to the Federal Railroad Administration (FRA), which means that in most cases, localities and states have no authority in this area. Almost every attempt by localities and states to regulate rail safety has been struck down by federal courts.
This is why the UTU works in a productive and positive manner with the FRA, with the goal of improving workplace safety. We have seen what happened to the other organization that chose instead to confront the FRA on the issue of remote control operations. It acted as if strong rhetoric through a bullhorn on the sidewalk, and attempts to gain local ordinances opposing remote control, would produce positive results. Those efforts may score political points with their members, but the practical effect of those efforts is as dead as Elvis the moment local prohibitions are approved.
Remote control is here to stay. It has been used for almost a quarter century in Europe and New Zealand and for a decade in Canada. For sure, the UTU did not ask for remote control and did not want it - not in Canada and not in the U.S. But we knew from experience what happens to those who fight technology.
President Boyd recognized the reality - that in the course of history, new technology has never been stopped. Instead of running from the reality, the UTU chose to sit down with the FRA and concentrate on making remote control operations safer for those who must use it. The UTU also has been working with lawmakers in Congress on the issue of remote control safety.
Indeed, if the issue is railroad safety, then the UTU is going down the right path. But if you believe that the issue is rhetoric rather than results - that the issue is simply to look like you are doing something in hopes that it clouds the reality - then you would agree that the other organization is doing a fine job.
Our members have insisted that the UTU follow the path of results and not rhetoric. Yes, you will hear in the shanty and in the cab a great deal of criticism about the path the UTU is following. But again, the reality is that the only thing these others have to offer is criticism and rhetoric. They can point to no meaningful gains and only a loss of jobs.
Do we get everything we want from the FRA and Congress? No. But our tactics gain for our members far more than the rhetoric of the other organization.