Union accuses Brightline of obstructing organizing bid, asks U.S. DOT to block future funding
A union seeking to organize onboard Brightline workers in Florida is accusing management of hindering the effort, and has asked the U.S. Department of Transportation to consider blocking future federal funding for the high-speed railroad.
In a letter to U.S. Transportation Secretary Pete Buttigieg, the Transport Workers Union of America alleges the company has “repeatedly and aggressively blocked these workers from exercising their right to freely be represented by the union of their choice. Brightline Florida has engaged anti-union law firms to delay a vote to organize and they are actively pressuring workers to oppose unionizing.”
The letter, dated Sept. 19, is signed by John Samuelsen, the TWU president based in Washington. The union says it represents 155,000 workers in the airline, railroad and other transportation-related businesses.
In August, a majority of 104 onboard service workers employed by Brightline Florida requested to form a union. The railroad employs an estimated 600 workers. The service workers include lead attendants and on-board attendants who sell food and drinks and assist passengers with amenities. Their hourly wages range between $20 and $23 an hour, a TWU spokesman said.
In early September, President Joe Biden signed an executive order directing the DOT to “prioritize projects for selection that provide a clear plan for efficient project delivery by promoting positive labor-management relations.”
Samuelsen said the order clarifies that evidence of such a relationship may include “collective bargaining agreements, agreements intended to ensure uninterrupted delivery of services, agreements designed to facilitate first collective bargaining agreements, voluntary union recognition, and neutrality by the employer with respect to union organizing.”
“Not only does Brightline Florida not have any of these items in place,” the union leader argued, “it is actively fighting against ever having them.”
As a result, Samuelsen asserted to Buttigieg, “Brightline Florida should not receive any federal funding from your department, including any grants issued by the Federal Railroad Administration. Additionally, we request that your department audit the railroad’s compliance with its obligations under previously awarded grants.”
A Brightline train passes through a crossing during high-speed tests along its extension between West Palm Beach and Orlando. The Transport Workers Union, which is seeking to organize onboard train workers, has asked the U.S. Department of Transportation to deny further funding for the rail line for allegedly obstructing the organizing effort.
In recent years, Brightline, in collaboration with local communities, has secured millions in federal funding primarily to buttress rail safety in Broward, Palm Beach and Miami-Dade counties, as well as in towns and cities along its 170-mile extension to Orlando International Airport.
Elsewhere around the nation, safety has been a prime issue for rail unions seeking to protect the train crews they represent. The unions says Brightline has received $36 million from the Federal Railroad Administration — an agency that is part of the DOT — and is requesting more money through FRA programs.
Brightline’s proposed sister rail line, Brightline West, has received $3 billion in federal money to build a high-speed service between Las Vegas, Nevada, and the greater Los Angeles area.
Recognizing rights
In a statement Tuesday to the South Florida Sun Sentinel, Brightline spokesman Ben Porritt said the company historically has recognized employee rights to organize.
“Brightline recently signed a historic agreement with organized labor to build and operate Brightline West (including the TWU) and have always recognized our teammates’ right to explore representation,” Porritt said.
“That said, there are longstanding jurisdictional channels that regulate and oversee this process and it’s in everyone’s interest — especially our employees — to get those right,” he added.
A key issue: Brightline says it is not a rail carrier under the jurisdiction of the federal Railway Labor Act, which governs labor contracts in the aviation and rail industries. It is instead arguing that the union election should run through the National Labor Relations Board, which oversees private sector labor matters in other industries.
An application for the TWU to represent the Brightline workers is now before the National Mediation Board, which serves as a go-between for unions and managements in the rail industry.
“While that decision plays out,” Porritt said, “we’ll continue to focus on our goal to provide the best workplace experience for all teammates, allowing for career and individual growth.”