Norfolk Southern Railway Co has filed a lawsuit seeking to block its employees' unions from suing over a COVID-19 vaccine mandate and to prevent its workers from striking or picketing in protest of the requirement.
Norfolk Southern, represented by Jones Day, filed a petition in Chicago federal court on Thursday claiming the unions' objections to the mandate must be brought in arbitration and not in court because they involve the interpretation of an existing bargaining agreement rather than changes to one.requiring
Norfolk Southern sued the International Association of Sheet Metal, Air, Rail, and Transportation Workers, known as SMART, and two other unions that represent its employees.Union Pacific Corp, the largest U.S.-based railroad, filed ain the same court last week. Union Pacific said the move was necessary to prevent any disruption of its rail network and to avoid any impact on the country's supply chain as it continues to recover from the pandemic.
According to the petition, the unions contend that imposition of a mandate constitutes a unilateral change to bargaining agreements in violation of the federal Railway Labor Act. The RLA distinguishes between "minor disputes" involving intepretation of terms of a CBA, which must be heard in arbitration, and "major disputes" over changes to agreements. The law also bars strikes and similar conduct by workers in cases involving minor disputes.
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