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brooklynite

(93,834 posts)
Mon Sep 12, 2022, 09:53 PM Sep 2022

Biden jumps into rail dispute to avert possible strike

Last edited Mon Sep 12, 2022, 11:56 PM - Edit history (1)

Source: Politico

President Joe Biden has been directly in touch with unions and railroad companies to try to avert a potential strike that is already disrupting freight and passenger service across the country, according to a White House official.

Labor Secretary Marty Walsh participated in negotiations last week between the parties and the National Mediation Board. Transportation Secretary Pete Buttigieg and Agriculture Secretary Tom Vilsack have also been working with the parties to find a resolution.

Service disruptions already starting: Freight and passenger rail service is already being affected by anticipation of a possible work stoppage as early as Friday, when a federally-mandated “cooling off” period ends.

Amtrak is suspending service on three long-distance routes and part of a fourth on Tuesday. Norfolk Southern announced Monday that starting Tuesday it is closing all gates to intermodal traffic that travels by ship or by truck before or after a rail journey. The railroad is also beginning to shut down a variety of other services. The Class I railroads began to suspend service of hazardous and security-sensitive materials on Monday to avoid stranding them in stopped railcars.


Read more: https://www.politico.com/news/2022/09/12/biden-rail-dispute-strike-00056241
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Biden jumps into rail dispute to avert possible strike (Original Post) brooklynite Sep 2022 OP
Perfect, and critically important. elleng Sep 2022 #1
I support the workers. James48 Sep 2022 #2
Could he declare a national emergency and order the railroads to accept the union demands? MichMan Sep 2022 #3
No. James48 Sep 2022 #4
It would take a considerable amount of time James48 Sep 2022 #6
*Congress since 1963 has intervened in at least 11 strikes that threatened grave disruptions elleng Sep 2022 #5
And what are republicans' incentives to act quickly? FBaggins Sep 2022 #11
Well, as a former railroader who is still in contact with current ones, the workers neverforget Sep 2022 #7
Damn! elleng Sep 2022 #12
I was a railroader Puppyjive Sep 2022 #8
Fingers crossed peppertree Sep 2022 #9
I went through this in 1991-1992 with a GHW Bush appointed board. Gore1FL Sep 2022 #10

James48

(4,416 posts)
2. I support the workers.
Mon Sep 12, 2022, 10:28 PM
Sep 2022

Biden knows that a solution will only come when both sides agree. Come on railroad Mgt- they are asking for humane work rules and safety. Make a deal. It’s on them.

MichMan

(11,778 posts)
3. Could he declare a national emergency and order the railroads to accept the union demands?
Mon Sep 12, 2022, 10:48 PM
Sep 2022

At some point it becomes a stalemate and threatens the entire country

James48

(4,416 posts)
4. No.
Mon Sep 12, 2022, 11:08 PM
Sep 2022

Under the Railway Labor Act, the President can only offer mediation and encourage the parties to settle.

In the event of a strike, (which is possible), a Court could order the parties to resume talks and go back to work. But a major disagreement, like a new contract, can’t simply be imposed.

From Wiki:

“Major dispute bargaining is handled through the "Section 6" process, named for the section of the Railway Labor Act that describes the bargaining process. The railroad carriers have formed a coalition for national handling of Railway Labor Act bargaining under Section 6, named the National Carriers Conference Committee (NCCC). The railroad unions also form coalitions of various unions to increase bargaining power in the Section 6 process.

James48

(4,416 posts)
6. It would take a considerable amount of time
Mon Sep 12, 2022, 11:18 PM
Sep 2022

And the parties under the Railway Labor Act could agree to binding arbitration; or, if they reject that, a neutral party can be appointed to make recommendations. And if THAT fails, then Congress can weigh in as well. It’s a strange mix- but it COULD spread to other sympathy strikes as well.

More:

“For major disputes over wages, benefits and working conditions, the RLA provides for a three-member National Mediation Board, appointed by the president and confirmed by the Senate, with the power to mediate any dispute between carriers and their employees at the request of either party or upon the board's own motion.

There is no time limit on the mediation procedure. The NMB controls the schedule of talks and only the NMB may release the parties from mediation.

If the NMB is unable to bring about an amicable settlement of the controversy through mediation, the board is required to use its influence to induce the parties voluntarily to submit to binding arbitration. The law is specific in that arbitration is voluntary and not compulsory.

If both sides voluntarily agree to binding arbitration, an Arbitration Board of up to six members is to be established. Carriers and labor each select an equal number of arbitrators, who then select the additional member or members.

Presidential Emergency Board

If either labor or management decline voluntary arbitration, and if in the opinion of the NMB the continuance of the controversy threatens substantially to interrupt interstate commerce in any section of the nation, the NMB is required to notify the President of the United States, who may, at his discretion, create a fact-finding Presidential Emergency Board.

The parties must maintain the status quo (no strikes or lockouts) for 30 days. If the president chooses not to appoint an emergency board, strikes or lockouts may occur after the 30-day cooling-off period.

Emergency boards are comprised of neutral members whose job is to make an investigation and submit to the president, within 30 days of its creation, a fact-finding report with non-binding recommendations for procedures or terms on which a dispute might be settled. During this period, the parties must maintain the status quo (a second 30-day cooling-off period).

Upon submission of the PEB report, the parties are required to maintain the status quo for an additional, or third 30-day cooling-off period (they may mutually agree to extend the period of status quo). The non-binding recommendations of the PEB are expected to carry the weight of public opinion and induce a voluntary agreement among the parties.

At this point, the RLA has run its course. If no agreement has been reached, either side becomes free to act in its own economic interests -- a work stoppage (or strike) by labor, a lockout by management, or unilateral implementation of management proposals (that generally would force a work stoppage).

However, Congress frequently imposes its own settlement. Such congressional action is not part of the RLA. The constitutional authority for Congress to impose its own settlements is found in Article 1, Section 8 of the Constitution's commerce clause.”

Source:
http://www.pennfedbmwe.org/Docs/reference/RLA_Simplified.html

elleng

(130,126 posts)
5. *Congress since 1963 has intervened in at least 11 strikes that threatened grave disruptions
Mon Sep 12, 2022, 11:12 PM
Sep 2022

to the economy. Lawmakers have several choices when it comes to rail disputes, from not acting at all to requiring binding arbitration.'

https://www.nytimes.com/1991/04/18/us/congress-votes-to-halt-rail-strike-hours-after-thousands-walk-off-job.html

FBaggins

(26,693 posts)
11. And what are republicans' incentives to act quickly?
Tue Sep 13, 2022, 09:47 AM
Sep 2022

Disruption over the next several weeks probably helps them.

neverforget

(9,433 posts)
7. Well, as a former railroader who is still in contact with current ones, the workers
Tue Sep 13, 2022, 12:51 AM
Sep 2022

are getting screwed over with a draconian availability policy and this is what the unions are really mad about. It's a system set up on points. Start at 30 points and every time you lay off for whatever reason, points are taken away. Laying off on weekends or holidays costs more points than say a Wednesday. Earning them back isn't a 1 to 1 ratio so it takes longer to earn them back. If you fall below a certain threshold, you get in trouble. Do it too many times, you get fired. It doesn't matter if you're sick, caring for someone who is sick or whatever, the company says you need to work and your life outside of the railroad doesn't matter. It wasn't this bad when I worked there but it was getting there.

The Presidential Emergency Board (PEB) didn't address this with their recommendations last month. If a contract is imposed on the unions that doesn't address availability, there are going to be a lot of people quitting the railroads. These are people with 15-20 or more years of service who are going to walk away from a good paying job but one in which the companies don't care for their workers. And it's not like you can hire someone off the street and then they are a conductor or an engineer. Training takes 3 months for conductor and longer for an engineer. Plus, it takes months and years to really understand the rules, switching, etc. The railroads are going to screw themselves over and the nation by being greedy.

[link:https://www.railwayage.com/freight/class-i/dear-national-carriers-conference-committee-and-aar/#|

I could have read the entire PEB 250 report within 24 hours, but I selfishly chose to go to work instead. To encourage my selfish desire to work, my company has even imposed mandatory attendance standards to ensure that I can steal even more money from shareholders. To be logically consistent, this must be the reason for the attendance policy since we don’t actually contribute to the profits of the company. At least that is how I read page 32 of the PEB report, which stated that “investment and risk are the reasons for their profits, not any contributions by labor.”

Puppyjive

(484 posts)
8. I was a railroader
Tue Sep 13, 2022, 12:58 AM
Sep 2022

I gave up my job because of pregnancy discrimination. I fought them for birth control coverage. I ended up getting pregnant and they dropped my health insurance because I became pregnant. I was not allowed light duty and I worked as long as I could and my last day at work I went into premature labor. These are ruthless companies. They don't care about the workers. I watched exhausted crews asleep at the wheel. When I resigned, I made it clear to them that I was not afforded adequate rest between shifts and I could not bare the responsibility of causing an accident. I had a child that I needed to return to after a shift. A month later, a crew fell asleep and derailed. Please support these railroad workers. They are not bad people. They work while the rest of us enjoy our days off. They deserve a life that they currently are deprived of.

peppertree

(21,526 posts)
9. Fingers crossed
Tue Sep 13, 2022, 01:14 AM
Sep 2022

You know Repugs are hoping, and wishing, and thinking, and praying for a massive, protracted rail strike - so they can then caterwaul about shortage and price hikes.

Because, you know - America first.

Gore1FL

(21,027 posts)
10. I went through this in 1991-1992 with a GHW Bush appointed board.
Tue Sep 13, 2022, 02:04 AM
Sep 2022

Literally the morning of the election, 1992 (I worked midnights) we were in a meeting meant to gaslight into believing a pay cut was going to be glorious. I can guarantee you that the vote for Bill Clinton on my ballot did not having a hanging chad.

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