Judge orders NJ Transit locomotive engineers return to work after 481 no-shows
The union whose membership includes the majority of NJ Transit's locomotive engineers — who called out en masse this weekend — is temporarily barred from instigating any future strikes, according to an emergency order issued by a federal judge Sunday.
The order, signed by U.S. District Judge Christine O'Hearn, also requires the Brotherhood of Locomotive Engineers and Trainmen to "immediately" inform its members to "cease and desist" any activity related to the work stoppage, according to court documents.
The union is prohibited from "calling, permitting, instigating, authorizing, encouraging, participating in, approving, or continuing any form of interference with NJT’s transit operations, including, but not limited to, any strike, work stoppage, sick-out, slowdown, refusal to work overtime," according to the order.
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Locomotive engineers who miss work without a legitimate reason could face discipline, fines or jail.
The temporary restraining order issued Sunday came two days earlier than a hearing scheduled by O'Hearn because locomotive engineers continued calling out at unusually high numbers Saturday and Sunday, causing hundreds of trains to be canceled throughout the holiday weekend.
NJ Transit filed a complaint in federal court Friday asking a judge to force locomotive engineers who were not showing up to work to end the alleged job action.
Lawyers for the agency said at least one leader of the BLE&T urged engineers not to show up as part of a "schematic plan" to "put pressure on NJT in collective bargaining negotiations," according to court documents.
"BLE&T Engineers have called out in such numbers so to constitute a strike in violation of their federal statutory obligations under the Federal Railway Labor Act," the lawsuit said. "As a result of the BLE’s narrow-minded intentions, NJT’s operations have been severally disrupted while simultaneously ravaging the lives of hundreds of thousands of NJT passengers whose lives depend on NJT’s reliability."
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Leading up to Friday, it was rumored that locomotive engineers planned not to show up for work to protest that they were not receiving Juneteenth holiday pay. This prompted James Devine, of NJ Transit's labor and administration department, to send a warning letter urging members to come to work. He also called BLE&T general chairman James Brown, whom he described in court documents as "combative," and urged him to tell members to show up.
Devine also called BLE&T national representative Jim Louis, who said he had not heard about the rumored job action.
An email attached to the lawsuit appeared to show Brown urging members to observe the Juneteenth holiday being celebrated in New Jersey on Friday.
"NJT has made it clear that Engineers will not be paid for the holiday. Don't let that deter you from celebrating THE HOLIDAY!!!," said the email, dated and signed by Brown on June 13 at 9:45 a.m.
Brown admitted to sending the email in his court appearance Sunday.
Two hundred and five locomotive engineers did not show up to work Friday, forcing the agency to cancel nearly 300 scheduled trains, according to court documents. (Last year, there were 183 total trains canceled due to engineers calling out.)
Another 143 engineers called out Saturday, causing more cancellations and delays, and on Sunday 133 marked off.
NJ Transit's contracts with all 15 unions with which it collectively bargains expired Dec. 31, 2019.
Last year, Juneteenth was offered as a holiday only for the year 2021 on a "no-precedent" basis. All union leaders — including Brown, according to an exhibit attached to the lawsuit — signed off that future Juneteenth holidays would be subject to collective bargaining, the lawsuit said.
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All except the BLE&T have agreed and signed on to new contracts with the agency. Those with new contracts were eligible to observe Juneteenth as a paid holiday. NJ Transit and the BLE&T have engaged in mediation since 2020, but the union requested release from mediation this past March. It has not been approved by the National Mediation Board.
As a result of the work no-shows, thousands of customers faced unpredictable commutes. Many were stranded Friday evening as the agency was forced to cancel service, provide some bus substitution and pay to cross-honor tickets on other systems, like PATH and the NY Waterway ferry.
Louis and Brown have not responded to requests for comment.
The next hearing on this matter will be held Tuesday in Camden.
Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. For unlimited access to her work covering the region’s transportation systems and how they affect your commute, please subscribe or activate your digital account today.
Email: cwilson2@gannettnj.com
Twitter: @colleenallreds
This article originally appeared on NorthJersey.com: NJ Transit takes engineers' union to court over Friday no-shows
