CSX track workers and yard workers in Cumberland MD reported to me that they working without a contract? cant find much reporting on this can you help me
Railroad employees covered by union agreements are never "without a contract." The "expiration date" is merely the date the contract can be reopened for negotiations. Typically it takes several years to reach agreement on new terms, usually with outside involvement (Presidential Emergency Boards, etc.), and the existing contract provisions govern in the interim.
Kurt Hayek
Contracts typically run 4 or 5 years and all crafts bargain seperately for wages and work rules and the unions will come together for health and welfare. When our contract does expire, it freezes in place everything at the current level and begins the negotiating process whereby the union and the carrier serve each other a bunch of paperwork. For anyone to whom it matters when your current contract has been expired for years and no new agreement has been reached, there is no contract. Technically we are still covered by the OLD rules but those only persist until the new deal is voted on and approved. I don't know about other unions outside the railroad but I would imagine their contracts have similar provisions. Without looking at the specific agreements for each craft, and railroad, it is hard to know who is under contract and who isn't because they don't all expire at the same time. We have one union in particular that refuses to negotiate a property agreement and will only bargain nationally whereas other crafts not represented by them have one.
The railway labor act ( which also includes airlines ) has some very strange rules. Yes the contract is open ended but usually near the defined end both the union and company can send a section 6 opener, Negotiations can start if agreement. Once either union or company petitions the NMB that an impass is present the NMB will then offer mediation or arbritation. Note no negotiations need take place. If NMB declines to declare an impass then both sides are left in limbo.
If both parties agree on mediation either party can declare an impass. Then a 60 (?) day cooling off period is declared. After 60 days either party can institute any work rules, strike or lockout. A presidential emergency board may then be assigned which may require congressional action.
Now isn't that simple ? ?
Side note. Fed Ex and UPS aare different. One is railway labor act and other not. One ( foggot which ) petitioned to be under same rules as other for a level playing field but IFAIK was denied ?
EDIT. Some of this may be incorrect as it has been awhile. Corrections welcome.
blue streak 1 The railway labor act ( which also includes airlines ) has some very strange rules. Yes the contract is open ended but usually near the defined end both the union and company can send a section 6 opener, Negotiations can start if agreement. Once either union or company petitions the NLRB that an impass is present the NLRB will then offer mediation or arbritation. Note no negotiations need take place. If NLRB declines to declare an impass then both sides are left in limbo. If both parties agree on mediation either party can declare an impass. Then a 60 (?) day cooling off period is declared. After 60 days either party can institute any work rules, strike or lockout. A presidential emergency board may then be assigned which may require congressional action. Now isn't that simple ? ? Side note. Fed Ex and UPS aare different. One is railway labor act and other not. One ( foggot which ) petitioned to be under same rules as other for a level playing field but IFAIK was denied ? EDIT. Some of this may be incorrect as it has been awhile. Corrections welcome.
The railway labor act ( which also includes airlines ) has some very strange rules. Yes the contract is open ended but usually near the defined end both the union and company can send a section 6 opener, Negotiations can start if agreement. Once either union or company petitions the NLRB that an impass is present the NLRB will then offer mediation or arbritation. Note no negotiations need take place. If NLRB declines to declare an impass then both sides are left in limbo.
It's the National Mediation Board (NMB), not the NLRB that takes part in railway labor disputes.
https://www.fra.dot.gov/eLib/Details/L03014
I imagine we will see this process played out in the near future.
Jeff
Back in the early 70's (August 1972 rings a bell) the crafts had been operating under expired contracts for several years. The Carriers unilaterally cancelled the contracts and implemented their own work and pay rules. (8 hours consititued at T&E Day-no mileage component, seniority districts were abolished as well as limits to runs - road crews would operate as far as they could go in 16 hours. - I am certain changes were made in Signals, MofW and the Shop crafts but I don't know what those changes were.) If employees refused to do as instructed they were disciplined for insubordination. This form of operations lasted for almost a month before new contracts were negotiated and approved. To my knowledge, claims made because of violation of the 'old' contract terms during this period of time were not honored or paid.
Never too old to have a happy childhood!
Our community is FREE to join. To participate you must either login or register for an account.