ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, November 9, 1996 TAG: 9611110014
SECTION: BUSINESS PAGE: A-5 EDITION: METRO
SOURCE: GREG EDWARDS STAFF WRITER
Norfolk Southern Corp. went to court early Friday to avert a strike by members of the Brotherhood of Maintenance of Way Employees union.
At 1:50 a.m., U.S. District Judge James Turk signed a temporary restraining order prohibiting the union from striking or picketing NS or its subsidiaries. A strike by the union had been set to begin at 5 a.m. Friday.
A strike appears illegal under the national Railway Labor Act and would cause serious disruption to NS operations, Turk's order said. The order will remain in effect until a hearing for an injunction is held Nov.12.
Sue Creswell, a BMWE spokeswoman, said the union, whose members maintain NS track, was prepared to walk off the job because of the railroad's failure to abide by a provision of a new labor contract.
The disputed provision of the labor agreement, which was signed Sept. 26, calls for loss-of-income protection for union employees who are laid off after 10 years or longer service to the company. The same agreement was signed by other major U.S. railroads.
NS and the union held several meetings this week without settling their differences, Creswell said.
It's outrageous, she said, that NS would insist on negotiating as part of the entire rail industry and then try to pick and choose what parts of a national labor agreement that it wants to comply with.
NS said the dispute involves interpretation of the agreement between the union and railroad. The national Railway Labor Act, NS said, requires mandatory arbitration of the dispute and any strike is illegal.
Creswell said the union has fully complied with the restraining order.
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