Category Archives: Carmen Division

Litigation Update – Court Vacates FRA Approval of Mexican Engineer Use

On August 28, 2020, the U.S. Court of Appeals for the District of Columbia Circuit vacated the Federal Railroad Administration’s (FRA’s) approval of the Kansas City Southern Railway Company’s (KCSR’s) plan to use Mexican engineers to operate trains within the U.S. As background, KCSR recently developed a revised engineer certification program for engineers working for

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CSX Petitions FRA to Post Monthly Listings of Injuries, Illnesses and Fatalities on Web Portal

CSX has recently petitioned the Federal Railroad Administration (FRA) for waiver from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 225, Railroad Accidents/Incidents: Reports Classification, and Investigations. Specifically, CSX requests a waiver from 49 CFR 225.25(h), which requires, in part, that monthly listings of employee reportable injuries, occupational illnesses, and

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United Rail Unions Sue to Block Carriers from Modifying Healthcare Benefits Without Bargaining

Washington, DC, August 7 — On August 5, 2020, 12 rail unions whose members and their families are covered by the NRC/UTU Plan and the Railroad Employees National Health and Welfare Plan, filed suit against the nation’s Class I railroad carriers in the United States District Court for the District of Columbia. The suit asks the

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BNSF Petitions FRA for Relief from Conducting Pre-departure Inspections on Combined Consists

The Burlington Northern Santa Fe Railway (BNSF) has recently petitioned the Federal Railroad Administration (FRA) for waiver from Federal railroad safety regulations regarding pre-departure inspections. BNSF specifically requested relief from 49 CFR 215.13, which requires that a pre-departure inspection be performed when combining two separate consists including one or more cars and one or more

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UPDATE: BNSF Petitions FRA to Expand its Wayside Detector Pilot Program

On April 12, 2019, the Federal Railroad Administration (FRA) granted the BNSF Railway (BNSF) a test waiver to conduct a pilot program on the carrier’s Southern Transcon trains between Chicago, IL, and California to “demonstrate that the use of wheel temperature detectors to prove brake health effectiveness (BHE) will improve safety, reduce risks to employees,

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TCU Member Charles Dillard has Achieved 50 Years of Service on Alaska Railroad

Brother Dillard initiated with the BRC/TCU Local 6067 on April 1, 1970. Brother Dillard has achieved 50 years of active service at the Alaska Railroad Corporation in Anchorage. He currently is working the AAR Write-Up Position at the Repair Facility. His responsibilities include inspecting and writing up freight cars and passenger cars that are used

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FRA Grants Emergency Waivers to all Rail Carriers Operating in the U.S.

On March 13, 2020, noting the President’s declaration of a national emergency related to COVID-19 and the World Health Organization’s characterization of COVID-19 as pandemic, Federal Railroad Administration (FRA) Administrator Ronald L. Batory activated an emergency relief docket (ERD) (Docket No. FRA-2020-0002). Activation of an ERD enables FRA to utilize its emergency waiver procedures to

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