Biden jumps into rail dispute to avert possible strike
Last edited Mon Sep 12, 2022, 11:56 PM - Edit history (1)
Source: Politico
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
elleng
(131,107 posts)James48
(4,440 posts)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. Its on them.
MichMan
(11,972 posts)At some point it becomes a stalemate and threatens the entire country
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, cant 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
(4,440 posts)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. Its 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
(131,107 posts)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
(26,758 posts)Disruption over the next several weeks probably helps them.
neverforget
(9,436 posts)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/#|
elleng
(131,107 posts)Exercising their 'muscle' as ever.
Puppyjive
(506 posts)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
(21,664 posts)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
(21,151 posts)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.