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UPDATE ON BMWED-IBT UNION PACIFIC WORKERS FRSA COMPLAINT OVER LACK OF
COVID-19 PROTECTIONS
A U.S. Federal Court in Omaha, Neb. held a hearing today on Union
Pacific's attempt to stop a maintenance of way employees withdrawal
from service on December 28. (UP had filed a motion for a temporary
restraining order against the BMWED.) The withdrawal of service is
because of UP's inadequate Covid-19 safety protocols threatening
workers with imminent danger of serious injury or death.

The Court heard argument from both the Union and the Carrier for about
two hours, took the case under advisement and will likely issue a
decision tomorrow (December 24). Temporary restraining orders are of
limited duration. As a precautionary step, the Court scheduled a
preliminary injunction hearing on January 5, 2021 in the event a
temporary restraining order is issued.

In the interim, if a temporary restraining order is issued, there
should be no collective withdrawal from service.


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