The Transport Workers Union of America won a significant victory on Tuesday over Brightline’s attempt to delay a union election for Onboard Service Workers at the Florida railroad.
The TWU’s arguments stating that Brightline is a railroad and subject to the Railway Labor Act for the purposes of forming a union were upheld in a National Mediation Board ruling released Tuesday. The NMB authorized an upcoming election and determined that Brightline’s pursuit of federal grant money for railroad infrastructure improvements means that Brightline is subject to the Railway Labor Act.
“This is a major victory for Onboard Service Workers who want a voice at the table,” said TWU International President John Samuelsen. “The NMB correctly ruled that Brightline IS a railroad and MUST move forward with an election. Brightline’s draconian attendance policies and lack of support for workers facing safety issues when a train collides with a vehicle are evidence that collective power in the workplace is essential. An election must take place as quickly as possible. Brightline will also have a better shot at securing federal grant money in Washington with the TWU’s help.”
The NMB ruling comes after elected officials from Florida voiced support for workers organizing with the TWU and wrote they “publicly support the right and ability to organize with the National Mediation Board as intended under the Railway Labor Act.” Brightline also failed to secure critical federal railroad infrastructure grants in recent weeks after the TWU argued Brightline should not receive the money if it contests that it is a railroad subject to NMB jurisdiction.
Tuesday’s ruling means that the National Mediation Board, an independent agency that coordinates labor relations with railroads and airlines, has directed an election. The NMB’s ruling is final and cannot be appealed.
In August, the TWU announced an overwhelming majority of Lead Attendants and Onboard Attendants on Brightline’s Orlando-to-Miami line filed to form a union. In response, Brightline hired a notorious anti-labor law firm who argued the election should be conducted by the National Labor Relations Board instead of the NMB as a delay tactic.
“The Onboard Leads and Attendants continue to endure constant policy changes and increased workloads by an uncaring management team,” said TWU Organizing Director Angelo Cucuzza. “Their resolve to vote for the TWU remains strong and we look forward to giving them a real direct relationship at the bargaining table.”