The reason for the mutual breakoff in negotations was the carriers' demand that the UTU bargain over local crew consist agreements that are protected by a moratorium and cannot be handled nationally. The carriers also demanded that the UTU bargain regarding repeal of the Federal Employers' Liability Act (FELA), an issue not appropriate for bargaining under the Railway Labor Act.

Notwithstanding the mutual breakoff in negotiations, the carriers have agreed not to engage in self help, which would include promulgation by the carriers of crew consist changes contained in their Section 6 notice -- "something we needed to protect our members against," said UTU International President Paul C. Thompson.

On March 22, the UTU and the NCCC (which represents, among others, BNSF, CSX, Kansas City Southern, Norfolk Southern and Union Pacific), mutually agreed to the following language contained in a letter signed by Thompson and NCCC Chairman Robert F. Allen:

"The United Transportation Union and the carriers represented by the National Carriers' Conference Committee (the 'parties') have exchanged bargaining notices on and after Nov. 1, 2004, that propose changes to existing collective bargaining agreements, and are currently engaged in national bargaining on those proposals, although UTU disputes the propriety of the carriers' Staffing/Consolidation and Federal Employers' Liability Act proposals. The parties have met in conference on such notices, most recently on March 15, 2005, and no future conferences are scheduled.

"This will confirm the parties' mutual understanding that: (i) for purposes of Section 6 of the Railway Labor Act (RLA), conferences on their respective bargaining proposals described above have not terminated as a result of the failure of the parties to schedule a conference after the March 15, 2005, conference; and (ii) neither party shall exercise any form of self-help that involves or relates to any of the matters contained in the parties' respective bargaining proposals at any time prior to the exhaustion of the procedures specified in the RLA."