Hudson-Bergen Light Rail union workers rallied for justice in Jersey City for their colleague after he was suspended following a fatal train strike of a woman last month, arguing that the contractor operating and maintaining the light rail has been cutting corners.
By Dan Israel/Hudson County View
The union alleges that operations kept trains moving after another operator reported a severely inebriated woman on the tracks in pre-dawn darkness on September 25th.
Two minutes later, train operator Ronald Kangalee was instructed to proceed with extreme caution toward the reported hazard without a specific speed restriction and without the track first being cleared, leading to the woman being struck and killed.
“We’re baffled as to why thy didn’t stop all traffic. There was nowhere for her to go. It’s not like there was a pedestrian path for her at that location. And she was extremely inebriated. And they knew it. And they chose not to stop traffic,” expressed Transportation Workers United Local 229 President Wallace Phalone Williams said at the presser at the Newport light rail station.
Bill Brennan, an attorney for the union, said ACI/Herzog has a history of cutting corners and doing things to to avoid responsibility for their actions.
“It’s been reported that the the passenger interface buttons that that that communicate with the train operators are frequently out of service, and nothing’s being done about it,” Brennan said.
“Recently, a radio malfunctioned on one of the on one of the trains. It was left in service. It broke the next day, and they tried to accuse the the train operator of breaking the breaking the radio and discipline them for it. Fortunately, there was video and and there was a prior report that the radio was broken. They’re just they’re cutting corners.”
According to Brennan, ACI/Herzog favors profits over people.
“They’re not good stewards of the the contract that they’ve been awarded, and they should be removed,” Brennan said.
After Brennan, Williams began by noting that the woman’s death was preventable.
“First and foremost, a woman lost her life. Whatever personal struggles she may have faced, she was a human being deserving of dignity and protection, she died in a horrific way, and we believe her death could have been prevented,” Williams asserted.
“Our position is that inconsistent, inadequate operating direction and failures, in response to a reported hazard, contributed to this tragedy. Clear, established policies and protocols, consistently enforced, could have stopped train movements, secured the area, and brought appropriate emergency assistance.”
Williams said they believe that ACI/Herzog Management is trying to deflect responsibility and place the blame for the woman’s death on the operator because it considers that the easier path.
“Blaming one employee does not address the failures in oversight, operating direction, and emergency response that demands a full accounting,” Williams said.
“Management must answer for its own decisions. Operations received a report of a woman who appeared severely intoxicated in the track area, yet ordered trains to continue with extreme caution without imposing a specific speed restriction.”
Williams echoed Brennan, demanding answers about why trains continued moving before the woman’s location was established and the danger was resolved.
“Proceed with caution is not a substitute for controlling a known hazard,” Williams stated.
“An operator cannot be expected to compensate for uncertainty about a person’s location through vigilance alone. Management must provide clear instructions and take responsibility for conditions under which it authorizes movement.”
According to Williams, members’ experiences paints a picture of ACI/Herzog deepening systematic problems then blaming the workforce for the consequences.
“Employees need adequate resources, consistent supervision, effective training, and clear procedures,” Williams said.
“I will say this plainly: in our membership experience, ACI/Herzog has been the worst company they have had to endure, and that starts at the top of the organization. Senior leadership establishes the priorities and culture. Accountability cannot stop with the employee operating the train.”
Williams said that Kangalee, deserves a fair process, citing that a union review of the disciplinary letter found it listed operating rules without identifying the specific act supporting his 10-day suspension.
“We demand that the company explain precisely what it claims he did wrong after being directed to proceed,” Williams added.
“We are demanding full disclosure and transparency. An independent investigation must determine whether on-time performance incentives influence the decision to continue service.”
He continued that they are demanding an independent investigation, preservation and release of relevant records, rescission of the operation operator suspension, and clear protective procedures for reports of people in the track area.
He said they also demand meaningful trauma support for the operator and every employee affected.
“Our members keep this railroad moving, but they also know when safety requires it to stop,” Williams said.
“The public deserves answers. This woman’ family deserves accountability, justice, and closure, and our workforce deserves leadership that puts human life first.”
Williams and Brennan emphasized the lack of visibility and ability to stop on Kangalee’s part, as well as the swift and harsh punishment by ACI/Herzog limiting the train operator from operating HBLR trains and in the yard.
Despite other similar fatalities not yielding the train operator such a consequence, it is the first under this management company.
While a person on the tracks is listed as a valid excuse per the contract, ACI/Herzog opted not to stop all train traffic but to issue a proceed with caution order.
According to Brennan, ACI/Herzog has that excused train exception to on-time performance bonus deductions that they could have used in this case and “they chose not to.”
ACI/Herzog said in a statement Thursday that the union misrepresented the situation and offered their condolences, but declined to speak beyond that.
“The incident in September was an unfortunate tragedy, and our thoughts go out to all
involved. While the union’s press release misrepresents the circumstances of the incident,
management will not comment further.”
Additionally, NJ Transit, the operator of the HBLR, said the matter remains under investigation.
“The matter remains under active investigation, which is being led by the New Jersey Transit Police Department. In addition to that law enforcement investigation, NJ Transit’s Safety Department and Light Rail management teams will be conducting a comprehensive safety review,” they said in a statement.
“Because the circumstances involve ACI/Herzog JV and the HBLR union, NJ Transit will refrain from further comment until the investigative processes are complete. NJ Transit maintains the highest safety standards and expects everyone to meet those same standards.”
Editor’s note: This story was updated with a comment from ACI/Herzog.
