Members in Local 1263 (Valdosta, Ga.) are in mourning after their Local Chairperson Richard G. Keen Jr., 36, was killed in a car accident caused by a drunk driver Saturday, Sept. 10 while on his way home from work as an engineer at Norfolk Southern.

A member of SMART-TD since 2007, Keen became active in his union when he was elected local chairperson in 2015, a position he still held. He also served his local as local alt. legislative rep. (2016 – present), S&T (2018 – 2020) and as alternate delegate for the 2019 convention.

“Richard was a valued member of our union and a strong leader,” wrote Georgia State Legislative Director Matt Campbell. “He believed in doing what was right and holding the railroad accountable for their actions. But more than all that, Richard was a good man, he was funny, and he was a loyal friend. I am so thankful that I knew this man. He will be so missed by all of us.”

GCA-898 General Chairperson Tom Gholson wrote in an email: “As many of you may not have known him, I can assure each of you that didn’t, when you met him you would like him and find something in common. While he was local chairman of Local 1263 he helped rebuild many of the past relationships that were tarnished by old union politics. He placed the membership foremost in priority and was selfless with his work as secretary and treasurer and local chairman. While his body will no longer be with us, the memories we shared together will live on in the meetings to come.”

In his spare time, Keen loved spending time with his children, fishing and working on cars. He loved to help people and could always make them laugh.

Keen is survived by his wife, Mechelle Keen; children Kaleb, Emerson and Harper Keen; father Richard Keen Sr.; mother Bernice Moore; sisters Heather Campbell and Brooke Rowan; Brothers Amy Brad Rowan and Josh Rowan; grandmother Gail Reed; and his in-laws. He also leaves behind his best friends and mentors Patrick Folsom (1st GCA vice chairperson for NS GO 898), Richard Parry and James Warren. He was predeceased by his paternal grandparents Carolyn Cowart and George Keen; and his maternal grandfather Robert Reed.

A visitation will be held Thursday, September 15 from 12 – 2 p.m. at the Warren Funeral Services of Quitman Chapel, 100 S. Second St., Quitman, GA 31643. A funeral service will immediately follow at 2 p.m., followed by interment at Riverview Memorial Gardens Cemetery, Valdosta, Ga.

A GoFundMe has been established by Patrick Folsom to support the family. Folsom is also accepting checks or money orders and will deliver them to Keen’s wife. Please mail checks to Patrick Folsom, 3330 Empress Road, Quitman, GA 31643.

Follow this link to leave condolences for the family or to read the official obituary.

Follow this link to make an online donation.

SMART-TD offers our heartfelt condolences to Keen’s family, friends, Local 1263 and all who knew him.

Class I railroad carriers BNSF and NS declared an impasse this week in the mandatory bargaining over crew size under Section 6 of the Railway Labor Act (RLA). In declaring an impasse, the two railroads, represented by the National Railway Labor Conference (NRLC), seek federal mediation as required by the RLA. Union Pacific Railroad is not seeking mediation at this time.

Beginning in October 2019, most Class I carriers served notice under Section 6 of the RLA to force the SMART Transportation Division to bargain over crew size. Today crew size is determined by collective bargaining agreements implemented by Presidential Emergency Board 219 under then-President George H.W. Bush.

SMART-TD and the involved General Committees intend to continue to demonstrate the significant problems with the carriers’ plans and the current technology that carriers believe allows for a redeployment of conductors to ground-based positions.

SMART-TD General Committees and union leadership will continue to fight to protect the jobs of today as well as the jobs of the future and to ensure protection for SMART-TD members.


In the current episode of Talking SMART, we sit down with SMART TD President Jeremy Ferguson to talk about a subject that is foremost on the minds of many members. In February 2022, BNSF arbitrarily changed its attendance policy and took advantage of a pro-management judge to force (as of now… this episode was recorded in early March), a draconian “Hi-Viz” attendance policy upon the very members who have kept the company operational through the pandemic – and who earned BNSF record profits in 2021. President Ferguson also provides an update on contract negotiations with the national rail carriers.


4th Quarter 2021
Net Earnings: Increased 13% to $1.7 billion from $1.5 billion
Diluted Earnings Per Share: n/a – BNSF is not publicly traded
Revenue: Increased 11% to $6.3 billion from $5.7 billion
Operating Income: Increased 12% to $2.4 billion from $2.2 billion
Operating Expenses: Increased 10% to $3.9 billion from $3.5 billion
Operating Ratio: Improved to 60.0% from 60.3%


2021 Annual Earnings
Net Earnings: Increased 16% to $6.0 billion from $5.2 billion
Diluted Earnings Per Share: n/a – BNSF is not publicly traded
Revenue: Increased 12% to $23.3 billion from $20.9 billion
Operating Income: Increased 14% to $8.8 billion from $7.7 billion
Operating Expenses: Increased 10% to $14.5 billion from $13.1 billion
Operating Ratio: Improved to 60.9% from 61.6%
Read BNSF’s full earnings report.


4th Quarter 2021
Net Earnings: Increased 17% to C$1.20 billion from C$1.02 billion
Diluted Earnings Per Share: Increased 18% to $1.69 per share from $1.43 per share
Revenue: Increased 3% to C$3.75 billion from C$3.66 billion
Operating Income: Increased 11% to a record C$1.57 billion from C$1.41 billion
Operating Expenses: Decreased 1% to C$2.19 billion from C$2.25 billion
Operating Ratio: Improved 3.1 points to 58.3% from 61.4%

2021 Annual Earnings
Net Earnings: Increased 37% to C$4.90 billion from C$3.60 billion
Diluted Earnings Per Share: Increased 38% to $6.89 per share from $5.00 per share
Revenue: Increased 5% to C$14.48 billion from C$13.82 billion
Operating Income: Increased 18% to C$5.62 billion from C$4.78 billion
Operating Expenses: Decreased 2% to C$8.86 billion from C$9.04 billion
Operating Ratio: Improved 4.2 points to 61.2% from 65.4%
Read CN’s full earnings report.


4th Quarter 2021
Net Earnings: Decreased 34% to C$532 million from C$802 million
Diluted Earnings Per Share: Decreased 38% to $0.74 per share from $1.19 per share
Revenue: Increased 1% to C$2.04 billion from C$2.01 billion
Operating Income: Decreased 10% to C$832 million from C$928 million
Operating Expenses: Increased 11% to C$1.21 billion from C$1.08 billion
Operating Ratio: Worsened 530 basis points to 59.2% from 53.9%

2021 Annual Earnings
Net Earnings: Increased 17% to C$2.9 billion from C$2.44 billion
Diluted Earnings Per Share: Increased 16% to $4.18 per share from $3.59 per share
Revenue: Increased 4% to C$8.0 billion from C$7.71 billion
Operating Income: Decreased 3% to C$3.21 billion from C$3.31 billion
Operating Expenses: Increased 9% to C$4.80 billion from C$4.40 billion
Operating Ratio: Worsened 280 basis points to 59.9% from 57.1%
Read CP’s full earnings report.


4th Quarter 2021 
Net Earnings: Increased 23% to $934 million from $760 million
Earnings Per Share: Increased 27% to $0.42 per share from $0.33 per share
Revenue: Increased 21% to $3.43 billion from $2.83 billion
Operating Income: Increased 12% to $1.37 billion from $1.22 billion
Operating Expenses: Increased 28% to $2.1 billion from $1.6 billion
Operating Ratio: Worsened to 60.1% from 57.0%

2021 Annual Earnings
Net Earnings: Increased 37% to $3.8 billion from $2.8 billion
Earnings Per Share: Increased 40% to $1.68 per share from $1.20 per share
Revenue: Increased 18% to $12.52 billion from $10.58 billion
Operating Income: Increased 28% to $5.6 billion from $4.4 billion
Operating Expenses: Increased 11% to $6.9 billion from $6.2 billion
Operating Ratio: Improved to 55.3% from 58.8%
Read CSX’s full earnings report.


4th Quarter 2021
Net Earnings: Increased 258% to $595.1 million from $166.3 million
Earnings Per Share: On December 14, 2021, Canadian Pacific Railway acquired the outstanding common and preferred stock of KCS. Therefore, earnings per share data is not presented because the company does not have any outstanding or issued publicly traded stock.
Revenue: Increased 8% to $747.8 million from $693.4 million
Operating Income: Increased 209% to $810.6 million from $262.3 million
Operating Expenses: Decreased 115% to a negative $62.8 million from $431.1 million due to the merger
Operating Ratio: Improved 70.6 points to –8.4% from 62.2%

2021 Annual Earnings 
Net Earnings: Decreased 15% to $527 million from $619 million
Earnings Per Share: On December 14, 2021, Canadian Pacific Railway acquired the outstanding common and preferred stock of KCS. Therefore, earnings per share data is not presented because the company does not have any outstanding or issued publicly traded stock.
Revenue: Increased 12% to $2.95 billion from $2.63 billion
Operating Income: Decreased 12% to $884 million from $1.00 billion
Operating Expenses: Increased 27% to $2.06 billion from $1.63 billion
Operating Ratio: Worsened 8.1 points to 70.0% from 61.9%
Read KCS’s full earnings report.


4th Quarter 2021
Net Earnings: Increased 13% to $760 million from $671 million
Diluted Earnings Per Share: Increased 18% to $3.12 per share from $2.64 per share
Revenue: Increased 11% to $2.9 billion from $2.6 billion
Operating Income: Increased 15% to a 4th quarter record of $1.1 billion from $1.0 billion
Operating Expenses: Increased 8% to $1.7 billion from $1.59 billion
Operating Ratio: Improved 2% to a 4th quarter record 60.4% from 61.8%

2021 Annual Earnings 
Net Earnings: Increased 27% to $3 billion from $2 billion
Diluted Earnings Per Share: Increased 31% to $12.11 per share from $7.84 per share
Revenue: Increased 14% to $11.1 billion from $9.8 billion
Operating Income: Increased 28% to a record $4.4 billion from $3.0 billion
Operating Expenses: Decreased 1% to $6.7 billion from $6.8 billion
Operating Ratio: Improved 7% to an all-time record of 60.1% from 69.3%
Read NS’s full earnings report.

4th Quarter 2021 
Net Earnings: Increased 24% to $1.7 billion from $1.4 billion
Earnings Per Share: Increased 30% to $2.67 per share from $2.05 per share
Revenue: Increased 12% to $5.7 billion from $5.1 billion
Operating Income:  Increased 22% to $2.4 billion from $2.0 billion
Operating Expenses: Increased 5% to $3.3 billion from $3.1 billion
Operating Ratio: Improved 3.6 points to 57.4% from 61.0%

2021 Annual Earnings 
Net Earnings: Increased 22% to $6.5 billion from $5.3 billion
Earnings Per Share: Increased 26% to $9.98 per share from $7.90 per share
Revenue: Increased 12% to $21.8 billion from $19.5 billion
Operating Income: Increased 19% to $9.3 billion from $7.8 billion
Operating Expenses: Increased 7% to $12.5 billion from $11.7 billion
Operating Ratio: Improved 2.7 points to 57.2% from 59.9%

“The Union Pacific team concluded its most profitable year ever in 2021. We produced double-digit fourth-quarter revenue growth by leveraging our great rail franchise to generate positive business mix and core pricing gains,” UP CEO Lance Fritz said.
Read UP’s full earnings report.


Notes: 

  • Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
  • All comparisons are made to 2020’s fourth-quarter and 2020 year-end results respectively for each railroad.
  • All figures for CN & CP are in Canadian currency, except for earnings per share.

CLEVELAND, Ohio, (Oct. 29, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) have responded to the suit Norfolk Southern Railway (NS) filed against them on Oct. 21, 2021, in the United States District Court for the Northern District of Illinois, Chicago Division. The two Organizations not only answered NS’ allegations, they also filed counterclaims challenging NS actions in implementing their vaccine policy without the bargaining mandated by the Railway Labor Act.
The railroad has taken the position that it has the right to implement and enforce a COVID vaccination mandate among its employees, and requests the court to issue a declaratory judgment holding that the dispute between the railroad and the unions is a “minor” dispute, which must be arbitrated if the parties cannot come to a satisfactory settlement.
The unions have countered that NS has no such authority, and their actions in failing to negotiate terms of implementation violate the status quo requirement of the Railway Labor Act, thus engendering a major dispute.
SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce issued the following joint statement regarding their action:
“NS has ordered all employees to report that they are fully vaccinated by December 8th, or they will be unable to continue working. And, instead of negotiating with us as the law requires, the Carrier is directly dealing with its employees by offering a payment for compliance with its unilateral mandate.
“We generally support our members getting the vaccine. However, we have several objections to NS’s unilateral implementation of their policies mandating them and illegally dealing directly with its represented employees. The members of our Unions — including members who already are vaccinated — are irate over NS’s outrageous conduct.
“We have been in contract negotiations with NS since November of 2019, and federal law absolutely bars railroads from changing rates of pay, rules and working conditions while negotiations are ongoing. Not only is NS in violation of the law, it has explicitly spurned our demands that these matters be bargained. We will continue to fight on behalf of all BLET and SMART–TD members in an effort to stop NS’s lawlessness in its tracks.”

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

CLEVELAND, Ohio (Oct. 28, 2021) — The SMART Transportation Division (SMART–TD) and Brotherhood of Locomotive Engineers and Trainmen (BLET) escalated their fight against Norfolk Southern Railway (NS) to stop the railroad from forcing locomotive engineers to work as conductors, and for disciplining those who don’t. The two unions each filed motions for preliminary injunctions yesterday against NS in the United States District Court for the Northern District of Ohio, Eastern Division.
SMART–TD seeks an injunction ordering NS to return to the status quo that existed prior to the dispute, which would require that the railroad use only SMART–TD-represented train service employees to fill jobs in those crafts and classes.
The BLET seeks an immediate injunction forbidding NS from forcing engineers to work as conductors, including disciplining members for failing or refusing to comply with directives to work as conductors, and requiring that NS immediately reinstate BLET members who were disciplined as a result of the dispute, expunging all discipline records, and making each engineer whole.
Following a hearing on the motions, the court will issue its decision. If the court grants the motions and issues the requested orders, any continued misconduct by the carrier could trigger a strike.
“This situation is identical to the September 2013 dispute that led to a BLET strike on the Wheeling and Lake Erie,” said SMART–TD President Jeremy R. Ferguson and BLET National President Dennis R. Pierce. “The Sixth Circuit Court of Appeals, which also has jurisdiction here, held that the 2013 dispute was, indeed, a major dispute. Multiple ground employees on NS have sustained injuries in switching operations in recent weeks. We have made it clear to NS that forcing engineers to work ground assignments that they are not currently qualified on or familiar with is an invitation for more incidents. While NS’s current business model may accept responsibility for that risk to its employees, our Unions do not. We will do everything in our power to prevent that risk to our collective memberships. The General Chairmen, the assigned Vice Presidents and we thank our NS memberships for their continued strong support in this struggle.”

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

CLEVELAND, Ohio (Sept. 30, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) have joined forces to defeat efforts by Norfolk Southern Railway to supplant the train service crafts of conductors and brakemen by calling locomotive engineers to work their assignments.
SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce issued the following joint statement regarding their action:
“On October 24, 2018, Norfolk Southern Railway announced plans to implement Precision Scheduled Railroading. PSR is an operational scheme that makes irrational cuts to employment, maintenance and service levels to generate artificially higher profit rates for hedge funds and similar investors.
“Because of PSR, NS has eliminated the jobs of over 35% of its operating crew members since December 2018. NS also has been fighting since the summer of 2019 to cut the size of operating crews by half.
“As part of its plan to simply eliminate the train service crafts of conductor and brakeman, NS has willfully depleted its train service workforce. The shortage of conductors and brakemen is so severe that NS started ordering locomotive engineers — under threat of termination for insubordination — to work conductor positions even though both the BLET Agreement and the SMART-TD Agreement prohibit the use of locomotive engineers in train service positions.
“Today, our unions have initiated legal actions that are intended to compel NS to follow our contracts and obey the laws of our land. NS cannot lawfully lay off roughly 4,000 conductors and brakemen, and then give their work to another craft. Nor can NS lawfully deprive locomotive engineers of the jobs, wages and working conditions to which they are contractually entitled by forcing them to perform the work of other crafts.”

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The CEO of Norfolk Southern, James A. Squires, recently asked employees for feedback concerning the carrier’s responsiveness to the COVID-19 pandemic. SMART Transportation Division has been gathering reports about how carriers are complying during the outbreak of coronavirus. As one of those employees deemed “essential,” SMART-TD Vice General Chairperson Robert M. Levkulich (GCA-898) sent the following email to NS’s top boss to express his opinion, which is reproduced here with Brother Levkulich’s permission:
Mr. Squires, as the outside world continues to spiral out of control, it feels as if it’s just another day along the railroad. As Transportation employees, we read daily updates that Norfolk Southern has taken to protect its office workers, in Atlanta and Norfolk, but in yard offices around the system, it’s business as usual.
For conductors and engineers operating across Norfolk Southern, we have been categorized as an essential part of our nation’s infrastructure, and essential in the fight against Covid-19. Since conductors and engineers are deemed essential, then so should our safety and well-being.
Norfolk Southern used to prioritize the safety of its employees, but recently the only priority has been to get to a 60 OR. I have visited numerous yard offices, and I’ve seen a lot of things that impressed me. But these were from individuals. I saw a conductor who brought masks his wife and kids had sewn in for his fellow crew members. I saw an engineer carrying in bottles of home made hand sanitizer to distribute in the yard office. And finally I saw a Road Manager that was carrying in an arm full of sanitizer that he used his own money to pay for. These individuals taking care of each other are inspiring stories but are void of Norfolk Southern.
Companies across this nation are stepping up to show their employees they care. As Transportation employees we have seen drastic financial loss due to the “chase for a 60 OR” and now with COVID-19 and closures, we have taken another hit.
Ally Financial took unprecedented steps to show its 8700 employees they care. Below are excerpts from Forbes Magazine article dates 4/6/20:

  • All employees making $100,000 or less in annual base compensation will receive a $1,200 tax-free financial assistance payment to help cover unexpected costs related to working from home.
  • Ally added 100% coverage for diagnostic testing and the associated visit related to COVID-19.
  • Immediate paid medical leave for any employee diagnosed with COVID-19.
  • Expanded childcare support: When daycare or adult/elder care arrangements are disrupted, Ally will cover 30 uses of emergency care.
  • Employees with monthly or quarterly incentive plans were assured that Ally would account for COVID-19 impacts to operations.
  • Access to free mental health professionals, via phone or text, through the Employee Assistance Program.
  • 100% coverage for virtual doctor visits and online health care services.
  • Paid caregiver leave for employees caring for an ill family member.
  • Well-being modules and challenges geared to staying physically and mentally healthy at home

These are great examples of what a company can do do to protect its employees.
So Mr. Squires my question is, What will Norfolk Southern do for its most valuable, and essential employees?

Robert M. Levkulich
Vice General Chairman
Southern Lines GCA-898
SMART Transportation Division

NORTH OLMSTED, Ohio — The team negotiating the next National Rail Contract which will affect more than 40,000 SMART Transportation Division members has been finalized by the union’s leadership.
The team will be led by TD President Jeremy Ferguson with the assistance of Vice Presidents Brent Leonard; John J. Whitaker III; Chadrick Adams; Jamie C. Modesitt; Joe M. Lopez and David B. Wier Jr.
Also part of the team are five General Chairpersons, Mike LaPresta (BNSF); Gary Crest (Union Pacific); Roger Crawford (Illinois Central); Thomas Gholson (Norfolk Southern) and Christopher Bartz (yardmasters).
“We are prepared to do whatever it takes to get the most out of this round of national contract talks,” President Ferguson said. “It will be a challenging process and it could be quite contentious at times. However, we on the negotiating team are confident that as we work through the process we can achieve a positive result.”
The opening meeting of negotiations is scheduled for February 26 and 27 in Washington, D.C., with talks occurring in Cleveland, Omaha, Washington, D.C. and Chicago, as the year progresses.
SMART-TD is part of a Coordinated Bargaining Coalition that consists of it and nine other unions representing rail labor. Carriers BNSF, CSX, Kansas City Southern, Canadian National, Norfolk Southern, Soo Line, Union Pacific and numerous smaller railroads are represented by the National Carriers’ Conference Committee (NCCC) during negotiations.
In related news, CSXT will not be part of national bargaining, except for health and welfare issues. For the wages and rules portion, SMART-TD and CSX have agreed to begin bargaining locally on behalf of trainmen starting Jan. 21, 2020.
A joint meeting for the negotiating parties regarding facilitated bargaining is scheduled in Jacksonville, Fla., on January 22 and 23.
Additional meeting dates for these negotiations are currently under discussion, and a tentative schedule will be set in the near future. Neither the SMART-TD nor CSX have exchanged any proposals, and an agenda for the subjects to be discussed during these contract talks, which are separate from the National Rail Contract negotiations, has yet to be finalized.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has granted Energy Transport Solutions LLC of Doral, Fla., a special permit that allows for the transport of liquid natural gas (LNG) on a route from Wyalusing, Pa., to Gibbstown, N.J.
U.S. Rep. Peter DeFazio of Oregon and U.S. Rep. Tom Malinowski of New Jersey, both members of the House Committee on Transportation and Infrastructure, responded with disappointment to the PHMSA announcement Dec. 6.
“News of PHMSA’s decision to jump ahead of its notice of proposed rulemaking on moving LNG by rail and grant a special permit to Energy Transport Solutions, LLC to move LNG by rail tank car is deeply disturbing,” DeFazio said. “This reckless move by the Administration puts communities in harm’s way. For months I have been sounding the alarm on this dangerous plan. Not only has PHMSA failed to take the proper steps of testing, analyzing or reviewing this unprecedented plan, it failed to provide Congress and the public the opportunity to consider whether the permit’s operating conditions sufficiently address the potential safety implications — an opportunity that’s required by law. The agency rushed its job, spending a measly six months considering this petition and the nearly 3,000 public comments it received.
“In June, Congress passed my amendment to prohibit DOT from finalizing the LNG by rail rule that President Trump intends to rush through in 13 months. I urge the Senate to work with us to put a stop to these irresponsible actions.”
Malinowski said the agency has ignored safety concerns expressed by multiple groups.
“The movement of LNG by rail tank car presents unique and substantial risks to public safety and the environment. This decision by the Department of Transportation to allow LNG to move in large volumes without adequate safeguards is irresponsible, and yet another example of the Administration putting corporate interests over the safety of the American public,” he said.
The north-to-south route is about 175 miles. It runs from fracking shale wells in northern Pennsylvania to a port in New Jersey and likely will be served by Norfolk Southern, the Philadelphia Inquirer reported. The permit expires in November 2021 and allows for no intermediate stops on the route when the LNG is being transported.
Read an article about the permit from the Philadelphia Inquirer.
Read the special permit issued by PHMSA.

A jury found Norfolk Southern liable last month for a 2010 breach in contract with Drummond Coal Co., meaning that the carrier could end up paying back the Alabama-based coal company millions in penalties.
The contract between the coal supplier and NS required that Drummond’s operations use the carrier to move a minimum amount of coal from a terminal in Charleston, S.C., to a number of power plants in the southeastern United States. When those levels were not met due in part to the closure of 13 plants because of federal Environmental Protection Agency regulations, NS collected penalties from Drummond to the tune of $35 million with another $40 million yet to be paid, Al.com reported.
After Drummond filed a suit against NS in 2016, the jury found in favor of Drummond, which has requested a refund of the $35 million in penalties levied against it, plus interest.
NS has asked for a new trial in the case.
Read a full article about the decision from Al.com.