BNSF files lawsuit against vaccine mandate

BNSF railroad filed a lawsuit Sunday against its unions over employees getting vaccinated against the coronavirus, according to various media reports. BNSF joins Norfolk Southern and Union Pacific, which both filed similar lawsuits against the unions last month. The unions, which have filed some of their own lawsuits in response, claim the railroads should have negotiated before imposing their mandates.

The railroads that have vaccine mandates say they are following President Joe Biden’s order requiring all federal contractors to have employees vaccinated.

BNSF stated in its lawsuit it updates requirements for workers when federal regulations change, so the vaccine mandate should be considered. BNSF said the unions don’t question when it changes drug-testing rules. The railroad claims unions didn’t question when the railroad required a mask mandate after the Federal Railroad Administration’s recommendation.

“BNSF has a long-standing and well-settled past practice of unilaterally changing its rules and policies governing position requirements, medical standards, and safety in response to lawful federal government directives,” the railroad stated in its lawsuit.

The railroads have said employees will be disciplined if violating the vaccine mandate.

The unions didn’t immediately respond to BNSF’s lawsuit. In the other lawsuits unions have argued the railroads were violating the contract by requiring vaccines and by offering bonuses to workers who do get vaccinated. Union Pacific and Norfolk Southern are offering employees $300.

“The non-negotiated bonuses and unilateral decision to discipline employees who are not vaccinated functioned to undermine the collectedly-bargained agreements and reduce Norfolk Southern’s obligations under those agreements,” the Sheet Metal, Air, Rail and Transportation Workers — Transportation Division, or SMART-TD, union stated in its response to Norfolk Southern.

Leaders of the SMART-TD union and the Brotherhood of Locomotive Engineers and Trainmen have said they support workers getting vaccinated, but want the railroads to negotiate first.

Federal judges have yet to rule on any of these lawsuits.

BNSF, Norfolk Southern and Union Pacific are three of the largest U.S. railroads.