BY TED LEONARD
BOSTON - "The Board has determined that the discipline
imposed is excessive and directs that Claimant be reinstated to
service with full seniority rights." So reads the January 8
Public Law Board finding in the case of United Transportation
Union (UTU) v. the National Railroad Passenger Corporation
(Amtrak), which orders Amtrak to rehire Andrea Morell.
This finding pushes back an attack on workers' rights that has stirred up controversy, discussion, and solidarity among workers at the Massachusetts Bay Transportation Authority (MBTA) commuter rail service, which is run by Amtrak.
Morell, an assistant conductor and longtime member of the Socialist Workers Party, was the last of four UTU members to be reinstated. The four were taken out of service after one crew failed to detrain a wheelchair-bound passenger last June 30. Two members were restored to work in July. Edward Fanion, the conductor of the train, and Morell, who worked the car the passenger was left in, were accused of "gross negligence" by Amtrak and fired July 31.
MBTA commuter rail workers - members of the UTU and the Brotherhood of Locomotive Engineers (BLE) - were outraged by the company's draconian and unprecedented discipline for an act that any one of them could have committed.
In the past year, this type of incident had occurred at least four times. Amtrak work rules counterpose maintaining train schedules to the safe entraining and detraining of disabled passengers. One result is that they are often put in empty cars. When this leads to a crew leaving a passenger on a train past his or her destination, the company blames the crews involved. Disabled passengers have sued Amtrak for this in the past.
Amtrak has been on a drive to reduce the size of train crews and increase the amount of work for each worker, while demanding workers provide on-time performance.
A petition signed by more than 85 UTU and BLE members called on top union officials to fight the firing of Fanion and Morell. "The undersigned members are extremely upset and angry over Amtrak's recent handling of discipline cases in work zone CS-1. Two members were dismissed for an infraction, that in previous cases had been settled with minor suspensions. If this had happened years ago, the railroad would have had a problem finding crews at rush hour. The company has no respect for its work force. As a result morale is at an all time low. Something must be done and it must be done NOW." Amtrak workers also collected more than $2,000 to help out their fired co-workers. Amtrak rescinded its decision to dismiss Fanion and reinstated him after a 60-day suspension.
The company refused to reinstate Morell during the course of its original investigation and two levels of appeal. The UTU took Morell's case to a Public Law Board, a form of review set up by federal rail labor law. The Board held a hearing in Amtrak's Philadelphia offices January 6.
An MBTA engineer, a conductor from Amtrak's Boston passenger service, and a Conrail conductor accompanied Morell to Philadelphia. The group had letters of support from nine other co-workers, which Morell presented to the board when she made her statement.
Two days later, the Public Law Board ordered that Morell be put back to work.
Commenting on the victory, Morell said, "This episode shows two things above all: Amtrak misestimated the united resistance to this attempt to weaken the union. They were forced to pull back. And, secondly, the company will scapegoat rail workers for unsafe traveling conditions they are responsible for. Rail workers must take the lead in championing passenger safety."
Ted Leonard is a member of the United Transportation Union at Conrail.