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Railroads across the country have been mandating the COVID-19 vaccination for employees while angering unions, and on Sunday, another major railroad company filed a lawsuit to determine its authority over employees' health decisions, the Associated Press reported.
Railroads such as Union Pacific and Norfolk Southern are offering employees $300 if they get vaccinated, as the two companies, along with others, are struggling with unions who want workers to keep their jobs, even if they do not get vaccinated.
BNSF railroad filed a suit Sunday against its major unions, joining Norfolk Southern and Union Pacific, which filed last month.
Unions believe that railroads should have negotiated with them before putting mandates in place and argued that the railroads were violating the terms of their contract by requiring vaccines and by offering bonuses to vaccinated workers.
BNSF said in its lawsuit that it regularly updates its employees' requirements when federal regulations change, so the COVID-19 vaccine should be no different from previous changes that the unions did not fight against, such as drug testing rules or mask mandates.
"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 said in its lawsuit.
The railroads have said that employees that refuse to get vaccinated will be disciplined and that they are simply complying with President Joe Biden's executive order of requiring federal contractors to require employees to be vaccinated.
For more reporting from the Associated Press, see below.
"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 said in its response to Norfolk Southern.
Leaders of the SMART-TD union and the Brotherhood of Locomotive Engineers and Trainmen have said they generally support workers getting vaccinated, but they don't think the railroads should require it without negotiating first.
Federal judges have yet to rule on any of the lawsuits related to the railroads' vaccine requirements.
BNSF, Norfolk Southern and Union Pacific are three of the largest U.S. railroads. A spokeswoman for the fourth major U.S. railroad, CSX, said officials there are still weighing whether to impose a vaccine mandate in response to the executive order, but they are encouraging employees to get the shots.
