Crew Consist Ruling
PERMANENT INJUNCTION ORDER: The Court concludes that the Railroads' [18] Motion for Preliminary Injunction should be and is hereby GRANTED and converted into a PERMANENT INJUNCTION. IT IS THEREFORE ORDERED that Defendant SMART-TD (including its divisions, lodges, locals, general committees, and officers) is hereby permanently enjoined from refusing and/or failing to bargain in good faith with each of the Railroads over the November 2019 Crew Consist Proposals in the manner required by the RLA; IT IS FURTHER ORDERED that Defendant SMART-TD (including its divisions, lodges, locals, general committees, and officers) is hereby permanently enjoined from refusing and/or failing to bargain in good faith with the multi-carrier group of Railroads with respect to the Railroads' November 2019 Alternative Wage Proposal. (Ordered by Judge Mark Pittman on 2/11/2020) (tln)
This decision comes as no surprise but it is a pitiful attempt to once more diminish the strength of organized labor at all cost without fact, reason or just cause. Judge Pittman totally sided with the carriers, with no real analysis and basically no supporting authority, and furthermore when it came to the requirement to bargain- he cited NOTHING.
Our appeal to the 5th Circuit Court of appeals was immediately filed this afternoon.
This decision will not define us as a union. It will only serve as a waged battle that defines how united and strong we are to become!
We will update you and the membership as this proceeds.
Fraternally,
Jeremy R. Ferguson
SMART-TD President
