Stone Container Corporation obtained control of the ASAB in 1987. In November 1993 the BMWE received reports that Stone Container was thinking about selling the approximately 88 miles of main line trackage running from Panama City, Florida to Dothan, Alabama.

In response, BMWE General Chairman Freddie Simpson served notice on the ASAB seeking to improve, "to the maximum extent possible," the adverse impacts of a sale. Meetings were held on December 14 and 15, 1993, to attempt to negotiate a separation allowance for employees "in connection with a possible sale of railroad assets." Another meeting was held on December 29, 1993. The meetings were ended without any agreement being reached.

On December 21, 1993, ASAB sent a memo to its maintenance of way employees advising them that they would not be offered jobs with the purchaser of the railroad. Instead, they must make application to Barnes Railroad Services, a contracting company.

On December 22, 1993, the ASAB posted a notice stating that the potential sale of the railroad was on hold.

On December 30, 1993, sixteen MofW employees were interviewed by Roland Barnes, president of Barnes Railroad Service. Barnes later claimed he offered jobs on that date; the employees say he did not.

The men say they were forced to go to Barnes that day. They didn’t want to, they knew about Barnes, "he does scab work for CSX." During the interviews, the men were informed that Barnes’ employees received $6 to $7 an hour, no vacations, no holidays, no insurance, no railroad retirement.

Despite the notice of Dec. 22 stating a sale was on hold, on Jan. 1, 1994, the Bay Line Railroad, a newly formed noncarrier Alabama corporation, took over rail operations from the ASAB. (Bay Line is owned and controlled by Rail Partners, a Delaware limited partnership, and Panama City Beach Office Park, a Florida limited partnership. Neither is a carrier but Partners is jointly owned by Green Bay Packaging, Rail Management and Consulting Corporation, and K. Earl Durden, and with them owns several Class III carriers, none connecting with the new Bay Line.)

Starting the New Year thinking their jobs were still secure, seven or eight MofW employees rode in a company truck to the job site in Dothan on Jan. 3, 1994. When they arrived they found the shop closed. A while later Roland Barnes, the independent contractor, showed up with a contingent of police cars and told them "you’re trespassing."

"Luckily one man had driven his personal vehicle," said Dwayne White. "We all crowded into the one vehicle like whipped dogs," and made the trip back to Panama City. "When we got back, we hung around awhile and tried to talk but we were stunned. We felt like twigs that had just been snapped off a tree," said White.

But they soon pulled together, showing the endurance and unity that has kept them together over three and a half years at the time of this writing. "Like family, you may argue or disagree, but then it’s over. They tried to pick us apart with implied offers and rumors but we’ll be friends till death," they said.

"We know each other like family," said Jerry Fears. "When I went through a divorce, they kept me out of jail. And Spoolie’s (R. J. Johnson) son, when he was in the Gulf War. And we’ve all been hurt, injured. We’re there for each other."

One of the first things the men did was set up picket lines in Dothan, Alabama and Cottondale, Florida. Bay Line was running three shifts, 24 hours a day. They picketed for almost two months until "we saw we weren’t doing any damage." They’ve gotten together regularly since at meetings and dinners as their case slowly went its way through the system.

When the Bay Line took over ASAB, it notified, as required, the Interstate Commerce Commission (ICC) that it was using the "class acquisition exemption" to purchase the ASAB. The ICC created this exemption to cover "noncarrier" acquisitions of rail lines. In a later ruling, the ICC held that parties to such exempt transactions are not required to provide protective conditions for their employees.

Instead, the ICC provided that representatives of affected employees could petition the ICC for revocation of exemption to impose protective conditions after the fact. Accordingly, on Jan. 14, 1994, the BMWE filed a petition with the ICC to revoke the acquisition exemption. In its petition, the BMWE asserted that ASAB employees should receive, at a minimum, the New York Dock employee protective conditions. Over a year later, March 31, 1995, the ICC denied BMWE’s petition.

In its decision, however, the ICC found "exceptional circumstances" existed so as to warrant the imposition of protective conditions for the ASAB employees. The ICC also noted that benefit packages had been negotiated with other unions representing ASAB employees and therefore, imposed a similar benefits package on the BMWE-represented employees.

A lump-sum separation allowance was provided in this benefits package to ASAB employees denied employment with Bay Line or its contractor. After the ICC decision, 12 employees sent letters requesting employment to Barnes Services. On May 5, 1995, all of the employees completed forms supplied by ASAB for claiming benefits under the ICC-imposed protective conditions. All of the claimants sought separation allowances because they were not offered employment by Barnes.

In September 1995 ASAB denied all of the claims submitted on the erroneous grounds that the claimants had refused employment with Barnes. ASAB also invoked arbitration to resolve any disputes over the matter.

In November 1995 the parties agreed upon Fred Blackwell as the neutral referee for this dispute and established an arbitration panel. BMWE Counsel Donald F. Griffin represented the claimants.

Another year later, on October 14, 1996, Arbitrator Blackwell rendered a decision in favor of the claimants. Specifically, he ordered, "Yes, the claimants are entitled to the lump-sum separation allowance provided in ... the ICC Decision served on March 31, 1995."

But, having won their case twice (ICC Decision and Arbitration Decision), these men have yet to receive a nickel. On November 25, 1996 the ASAB filed a petition with the Surface Transportation Board (STB) asking for a review of Blackwell’s decision. Since there are no time limits governing the STB’s handling of the petition for review, the case is still mired there while good men still struggle to rebuild their lives.

BMWE Workers In Limbo

Eddie Clemons Age 55, 27 yrs. 9 mos. with the railroad, boom truck, married, one stepson

Jerry W. Fears Age 49, started on railroad 1976, TR 10 remover/inserter, married, one son

Gregory A. Floyd Age 45, started on railroad 1977, tamper operator, served as BMWE Secretary-Treasurer of Lodge 2818

J. R. Johnson Age 58, 27 years with railroad, ballast regulator, married, three children

Jaries Johnson Age 56, 22 years on railroad, tamper operator, married, seven children, brother to J. R.

Robert Laseter Age 46, welder/mechanic

J. D. Lund Age 39, spiker operator

Isaiah Moore 17 years with Bay Line Railroad, section foreman, married, one son

Michael D. Nolan Age 34, laborer

Karl E. Page Age 32, 13 months on railroad, laborer, single

Whittie Saffold Age 54, 17 years on railroad, laborer, married, three children

Dwayne White Age 47, started on railroad 1977, extra gang foreman, divorced, four children, youngest daughter attending Columbia University on a basketball scholarship