Freight railroads ask courts to throw out new rule requiring two-person crews on trains

abcnews.go.com:

Four railroads have asked federal appeals courts to throw out a new rule that would require two-person train crews in most circumstances

Four railroads have asked federal appeals courts to throw out a new rule that would require two-person train crews in most circumstances, saying the mandate is arbitrary, capricious and an illegal abuse of discretion.

The identical challenges of the Federal Railroad Administration's rule were all filed this week in different appellate courts on behalf of Union Pacific, BNSF and two short line railroads — the Indiana Railroad and Florida East Coast Railway.

The new federal requirement, announced last week, was a milestone in organized labor’s long fight to preserve the practice and came amid increasing scrutiny into railroad safety, especially in the wake of the fiery February 2023 derailment in eastern Ohio.

Most of those railroads didn't immediately offer additional explanation for why they don't like the rule, but the industry has long opposed such a regulation and the Association of American Railroads trade group said last week that the rule was unfounded and not supported by safety data. The Indiana Railroad — like many short lines across the country — already operates with one-person crews, but the major freight railroads all have two-person crews that their union contracts require.

Union Pacific said in a statement that “this rule, which lacks any data showing two people in a cab are safer than one, hinders our ability to compete in a world where technology is changing the transportation industry and prevents us from preparing our workforce for jobs of the future.”

BNSF deferred comment to AAR, and the two smaller railroads didn't immediately respond to messages Thursday morning.