06/16/2023
Genesee & Wyoming’s Railroad Engineering Services (RES) blatantly retaliated against more than 30 employees who recently certified and joined the Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters (BMWED).
BMWED has filed suit in U.S. District Court for the Middle District of Florida Jacksonville Division where G&W RES is headquartered, alleging that the targeted elimination of more than 30 positions on a traveling tie gang on May 25, 2023 was explicitly intended to intimidate and eradicate those most vocal union supporters within the company. The BMWED’s lawsuit further alleges that firing these men is a direct violation of the Railway Labor Act Section 2, Third and Fourth and the We intend to prevail in the federal court.
On April 13, RES employees voted 39-9 to join the BMWED. This election was conducted through the proper legal procedures and certified by the National Mediation Board.
Of particular note is RES Tie Gang 2. This gang included many of the most ardent union supporters. Though it fluctuated, the gang consisted of approximately 31 RES employees.
As is customary, on May 22, the BMWED sent RES its intent to negotiate a first contract as the newly-elected bargaining representative through the Section 6 process of the RLA.
On May 25, the T-2 gang was called into a mandatory meeting with G&W RES management where they were informed that the T-2 gang was to be abolished effective immediately. As a result, all employees on the T-2 gang were terminated.
While the malicious firing of each employee is, as alleged in the underlying federal lawsuit, despicable and illegal retaliation, one in particular is especially cruel. Justin Qualls was in the hospital with his wife expecting a baby when he was phoned and told to report to work five hours away. Though originally given permission to attend the birth of his son, out of rash and spiteful reaction, RES management ordered him back to work on May 25 under threat of firing. What is remarkably trite is that all of the facts suggest RES knew that they intended to fire the entire tie gang that very same day. Therefore, circumstances suggest RES called a man, in the hospital with his spouse in labor, threatening his job if he didn’t return to work he had specifically asked off in advance, knowing full well that they were going to fire him anyway if he returned as demanded.
The behavior exhibited by G&W RES management suggests that it lacks the competency and critical thinking skills that are befitting of an aspiring Class I railroad. Recklessly, they made a ham-fisted decision to fire nearly half of their employees rather than address the reason those men elected union representation in the first place – namely the spiteful, mean, coercive and reckless mismanagement to which they have been subjected. Now G&W RES has directly infringed their employees’ rights under the RLA and has further sullied an already battered reputation.
The BMWED looks forward to our day in court and thank our newest members on G&W RES for standing in solidarity as we battle for a just and victorious outcome.
https://www.bmwe.org/secondary.aspx?id=808
