A filibuster stretching over 3 days has derailed a proposal to require two-person crews on trains operated by major railroads in Nebraska.
State Senator Mike Jacobson of North Platte had finally advanced the bill to floor debate after years of trying, but could not get the needed 33 votes Friday to halt a filibuster and advance LB 31. The vote was 24-19 to invoke cloture.
Jacobson argued the bill would increase safety by providing a second set of eyes on rail hazards and someone who could inform first responders about hazardous chemicals on the train in the event of a derailment, but it wasn’t enough to win the vote.
Opponents argued that lawmakers were interfering in what is a matter for labor negotiations and federal regulation, and that Nebraska should wait for the feds to act on the controversial issue pitting labor unions against management.
Senate Julie Slama said the bill interfered with interstate commerce while Omaha Senator Kathleen Kauth said there’s no proof that two-man crews reduce derailments – pointing to several countries that have safely switched to one-person train crews.
Another opponent, Senator Lou Ann Linehan, pointed out that the Union Pacific railroad is one of Nebraska’s top employers and one of its top payers of property taxes.
Jacobson pushed back on the latter comment, saying that “safety” rules shouldn’t be determined on how much a company pays in taxes.
A ruling from the Federal Railroad Administration is pending on a proposal to require two crew members except “for those operations that do not pose significant safety risks to railroad employees, the public, or the environment.”