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The clock is ticking for railroads and unions to avert a strike

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The clock is ticking for railroads and unions to avert a strike
Posted by Railway Hammer on Monday, August 29, 2022 10:28 PM

It calls for a 24% pay increase by 2024, which the Association of American Railroads says is the largest increase in over 40 years.

The association also said that it is ready to propose an agreement based on the recommendations and that “in the interest of all rail stakeholders, now is the time for railroads and their unions to reach a contract.”

But railroad unions are unhappy with the terms and have pointed out the wage increase is still below inflation level.

Jakob Forsgren of the Brotherhood of Maintenance Way Employes Division, a group of workers who help build and maintain railroads in the U.S., says rail workers are especially upset after several companies said their work did not  create profits.

“You can imagine how members of a labor organization and employees of a company feel after something like that is written about them,” Forsgren said. “It’s a bit tough to handle.”

Thousands of rail workers across the country have been working without a contract for nearly 3 years.

Forsgren says now they are pushing for better pay and changes in attendance policies, such as the Hi-Viz Policy, which requires workers to be available to work 29 out of 30 days or face punishment.

“Let’s be honest, these aren’t the safest jobs in the world at times, and so every day that me or my members go to work, we risk our lives,” he said. “And so with all due respect to the railroad executives, we risk things a lot more valuable than money.”

Furthermore, Forsgren says that as a 10-year railroader he and his fellow workers risk more than their lives at risk doing their jobs.

“Every time I get sent away for work by the railroads, you know, I risk further damaging my marriage when I miss birthdays and anniversaries,” he said. “I risk further damage to the relationship with my kids when I miss helping with homework, when I miss T-ball and basketball games.”

Back in July, rail workers held a rally in Lincoln to urge BNSF, a railway company covering much of the Midwest, to reach a union contract.

Many workers at that rally also told of unsafe working conditions and said the company was attempting to cut staff in ways that would create a dangerous environment.

A strike would not only further the conflict between railroad companies and their unions but could involve the Biden administration and Congress, who might intervene to shut it down.

A strike could also exacerbate inflation, as interruptions to the supply chain and shipping can drive up prices of goods.

“We supply coal to power plants. We’re getting into harvest season, so we’re gonna start moving grain here pretty soon,” Forsgren said. “I mean it would drastically affect the supply chain, and again, that’s not something that the membership is wanting to do. We don’t want to do things like that. We would much rather get a fair contract that is worthy of ratification.”

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Posted by BaltACD on Tuesday, August 30, 2022 1:30 PM

The WORDING of the PEB release has guaranteed that the crafts will walk.

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Posted by jeffhergert on Sunday, September 4, 2022 8:50 PM

The only options are:

A. All the unions reach an agreement with the carrier's AND the memberships all ratify it.

B. Congress imposes the PEB's recommendations as is to be the new contract.

B1. Those items the PEB directed to further negotiations will be addressed by Congress and included in the imposed contract.  Or

B2. Those items will be set for further negotiations and then, or directly to, binding operation.

C. Congress orders the status quo to be maintained and sends the parties who haven't reached agreement back to the bargaining table.

C1. Congress sets a time limit for negotiations and if not met sends the whole thing to binding arbitration. 

C1a. Congress sends everything directly to binding arbitration. 

D. Congress writes it's own contract for us and imposes it.

(Congress can do anything it wants to.  Then the president signs it into law.)

E. Congress takes no action and either the unions walk out or the carrier's lock labor out.

If E happens, a second PEB can be requested by certain parties.  I personally don't think A will happen. I look for B and B2 to be imposed.  If you don't like the PEB's recommendations, don't expect binding arbitration to be any better.  I wouldn't be surprised for binding arbitration to be worse for labor.

The biggest question is will congress have a decision in place by the deadline. 

Jeff

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Posted by Murphy Siding on Sunday, September 4, 2022 9:07 PM

What about F)? A contract is forced on the workers and a majority of them up and quit? What happens then?

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Posted by jeffhergert on Sunday, September 4, 2022 9:44 PM

I don't think that many will quit.  I know a lot say that, but most won't.  They aren't going to give up the money they are making. 

CMSTP&P mentioned his nephew was making $125-130,000 a year with no overtime or weekends.  That's towards the high end for that profession,  just as that amount is towards the high end for T&E crews, albeit working an erratic schedule. 

If most of our T&E people quit and started installing bath overlays, they are going to start out at or towards the low end. Figure a 50% cut at best. 

Some of the biggest complainers who talk of quiting had been dismissed in the past by the railroad. They are back because they fought to get their jobs back and an arbitrator agreed they were wrongfully dismissed.  If things are so bad for them, why did they fight to regain their jobs.

Jeff

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Posted by CMStPnP on Monday, September 5, 2022 9:36 AM

jeffhergert
That's towards the high end for that profession,

Jeff, he just started the job a year ago and is getting paid that much.   I almost fell off my chair when I heard it but he told me that BathFitter cuts them in for a slice or percentage of the total contract of each job they do.     They are not paid hourly they are paid per contract and a fixed percent of the contract price.   I asked my Brother if he was exaggerating and he said No he showed him a pay stub.   He actually is getting paid more than his Father (my Brother).

You could be right and that it could be the high end of what they get paid, I did not ask, just that he got there in a year.    Also, want to mention I am on my subdivisions HOA board (yaaay I won my first election!!!)  and we are replacing the brick perimeter wall.    Did you know brick masons get a min of $75 an hour which goes up to $95-100 an hour depending on skill and experience?   I was surprised at that hourly rate recently as well.

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Posted by Murphy Siding on Monday, September 5, 2022 10:56 AM

jeffhergert

I don't think that many will quit.  I know a lot say that, but most won't.  They aren't going to give up the money they are making. 

 

 

Some of the biggest complainers who talk of quiting had been dismissed in the past by the railroad. They are back because they fought to get their jobs back and an arbitrator agreed they were wrongfully dismissed.  If things are so bad for them, why did they fight to regain their jobs.

Jeff

 

How does the perception of coming out on the losing end of labor negotiations affect the productivity of railroad workers?

Thanks to Chris / CopCarSS for my avatar.

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Posted by jeffhergert on Monday, September 5, 2022 1:06 PM

The PEB's recommendations really aren't that bad for what was addressed.  Labor really came out ahead.  No, labor didn't get all it wanted.  But it wasn't going to. 

It's the items that weren't addressed, that are supposed to be bargained for and/or sent to binding arbitration on a more local level is where labor comes up short.

Those that thought we would get everything we asked for from the PEB were in for a disappointment from the start.

Jeff

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Posted by zugmann on Monday, September 5, 2022 1:09 PM

jeffhergert
The PEB's recommendations really aren't that bad for what was addressed.  Labor really came out ahead.  No, labor didn't get all it wanted.  But it wasn't going to. 

Agree to disagree on that one.  I think we got screwed.  Granted we are in different geographic areas and different colored engines. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

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Posted by BaltACD on Monday, September 5, 2022 1:58 PM

zugmann
 
jeffhergert
The PEB's recommendations really aren't that bad for what was addressed.  Labor really came out ahead.  No, labor didn't get all it wanted.  But it wasn't going to.  

Agree to disagree on that one.  I think we got screwed.  Granted we are in different geographic areas and different colored engines. 

PEB envisions the cost of living being the same everywhere in the country.  As we all know or should know - the costs of living vary greatly by regions and locales.

Jeff out in 'fly over' country has a low cost of living.  Zug in the Northeast has a much higher cost of living.  What is adequate of Jeff is inadequate for Zug.

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Posted by charlie hebdo on Monday, September 5, 2022 2:15 PM

BaltACD

 

 
zugmann
 
jeffhergert
The PEB's recommendations really aren't that bad for what was addressed.  Labor really came out ahead.  No, labor didn't get all it wanted.  But it wasn't going to.  

Agree to disagree on that one.  I think we got screwed.  Granted we are in different geographic areas and different colored engines. 

 

PEB envisions the cost of living being the same everywhere in the country.  As we all know or should know - the costs of living vary greatly by regions and locales.

Jeff out in 'fly over' country has a low cost of living.  Zug in the Northeast has a much higher cost of living.  What is adequate of Jeff is inadequate for Zug.

 

Something management utilizes often.

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Posted by n012944 on Tuesday, September 6, 2022 9:41 AM

BaltACD

 

 
zugmann
 
jeffhergert
The PEB's recommendations really aren't that bad for what was addressed.  Labor really came out ahead.  No, labor didn't get all it wanted.  But it wasn't going to.  

Agree to disagree on that one.  I think we got screwed.  Granted we are in different geographic areas and different colored engines. 

 

PEB envisions the cost of living being the same everywhere in the country.  As we all know or should know - the costs of living vary greatly by regions and locales.

Jeff out in 'fly over' country has a low cost of living.  Zug in the Northeast has a much higher cost of living.  What is adequate of Jeff is inadequate for Zug.

 

 

To be fair, so do the unions.   Back when CSX still had several dispatching centers, those on the south agreement were all making the same.   Those living in Florence or Huntington were doing much better cost of living wise than those in Baltimore or Chicago.  

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Posted by Overmod on Tuesday, September 6, 2022 10:08 AM

The National Mediation Board (NMB) has ordered labor representatives back into talks starting tomorrow, the 7th of September, "to try to avert a threatened strike".

[Cynically: where's the popcorn emoticon when you need it?]

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Posted by Backshop on Tuesday, September 6, 2022 10:13 AM

n012944
   Those living in Florence or Huntington were doing much better cost of living wise than those in Baltimore or Chicago.  
 

Offset by the fact that they had to live in Huntungton or Florence.Smile

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Posted by tree68 on Tuesday, September 6, 2022 12:38 PM

n012944
To be fair, so do the unions.

The federal government is little different.  A GS-5 secretary in my area can live pretty well.  In Washington, DC, not so much.

In fairness, however, that discrepancy was noted some years ago and local differentials were offered.

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Posted by SD60MAC9500 on Tuesday, September 6, 2022 1:57 PM
Rahhhhhhhhh!!!!
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Posted by Electroliner 1935 on Tuesday, September 6, 2022 3:51 PM

I wish you all good luck in the results. May you get better work conditions, attendence policies, and a life that you can enjoy with appropriate income. And a safe ride.

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Posted by zugmann on Tuesday, September 6, 2022 4:07 PM

Overmod
The National Mediation Board (NMB) has ordered labor representatives back into talks starting tomorrow, the 7th of September, "to try to avert a threatened strike".

Any links to this?

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by jeffhergert on Tuesday, September 6, 2022 4:23 PM

Rates of pay are not uniform across the class ones. UP rate is less than the CNW rate was.  We still have exCNW receiving CNW rate.  I missed it by about 2 years.  Our extra board guarantees is still based on CNW rate. 

When I hired out the condr's extra board was about (IIRC) $3200 a half. New hires went through a progression beginning at 75% and moving up to 100% in 5 years. If you received a "promotion," such as passing brakeman training and becoming a conductor, you received the next 5% upgrade immediately.  It still took 5 years to reach 100%. (I don't know if they still have this. It was taken out in one contract then added back in. It seems to yo-yo that I don't pay attention to it.)  It was said the extra board guarantee for a new hire condr was good in Iowa, but not so much for those in the Chicago area. 

Normally you make over guarantee.  They usually cut boards if they start paying guarantees. 

Jeff 

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Posted by Overmod on Wednesday, September 7, 2022 10:18 AM

zugmann
Overmod
The National Mediation Board (NMB) has ordered labor representatives back into talks starting tomorrow, the 7th of September, "to try to avert a threatened strike".

I got it from a 'feed' from Railway Age (Frank Wilner, dateline September 3rd).  

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Posted by jeffhergert on Thursday, September 8, 2022 1:20 AM

I've seen the same Railway Age item.  Since the NMB released both parties from negotiating I don't see how they can "order" them back.  All sides have been negotiating, with some coming to tentative agreements.  From what I heard a few days ago, the TE&Y unions weren't close to an agreement.  The carrier's aren't even offering what the PEB recommended.  (I would guess it involves health care as they seem to have accepted the wage increase.  They didn't want to give trainmen raises unless they agreed to start negotiating one person crews.  That could also be a factor.) Even with a tentative agreement, it still has to be ratified. Even if those are ratified, it only takes one union to not have reached an agreement to start a strike.

I saw a report that congress has an upcoming vote on funding the government again. It said once that's taken care of that congress members may be in a hurry to go back home to do campaigning.  A strike might happen and go for a couple days if congress has to be recalled to impose something. 

Meanwhile,  Friday morning our division is having a strike committee meeting just in case.

Jeff

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Posted by zugmann on Thursday, September 8, 2022 9:22 AM

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

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Posted by Euclid on Thursday, September 8, 2022 1:55 PM
From the linked article above:
 
“If the parties cannot find common ground, Congress will have the option of mandating railroad employees to return to work. Some unions believe employers are holding out for lawmakers to do so.”
 
If Congress exercises its option to mandate employees to return to work, will that be under an entirely new contract created exclusively by Congress?
 
If so, does that mean that Congress can write their new contract with any terms and conditions that it chooses regardless of what has already been agreed to?  If so, what happens if either side refuses to accept the new contract created by Congress?
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Posted by jeffhergert on Thursday, September 8, 2022 5:37 PM

Euclid
From the linked article above:
 
“If the parties cannot find common ground, Congress will have the option of mandating railroad employees to return to work. Some unions believe employers are holding out for lawmakers to do so.”
 
If Congress exercises its option to mandate employees to return to work, will that be under an entirely new contract created exclusively by Congress?
 
If so, does that mean that Congress can write their new contract with any terms and conditions that it chooses regardless of what has already been agreed to?  If so, what happens if either side refuses to accept the new contract created by Congress?
 

Congress can do whatever it wants to.  Yes, it could rewrite an entirely new contract.  Most likely it will do the most expedient option, impose what the PEB recommends.  For those unions that have come to agreement with the carriers, including ratifying those agreements, I imagine they could and would be specifically excluded by congress when it passes their final mandate.  

The PEB on some issues recommended further bargaining on a local (railroad by railroad basis) and if no agreement, then send those issues to binding arbitration.  Congress could force such conditions, or send the issues straight to binding arbitration.

The process is the same as writing a law, because that's what they are doing.  Let's say a proposal to impose the PEB recommendations is brought to the floor.  Individual members could add amendments to change some recommendations, to add things either not covered or recommended for further bargaining.  For example, a amendment to require two person crews could be added.

They could even require the status quo to be maintained and have both parties to continue bargaining.

It's unlikely that a congress this close to an election will get too creative.  Especially to help labor.  I don't forsee too many members risking the possiblity of an opposing candidate using their vote against them.  Plus a majority have to vote for it, then the president has to sign it into law.  The more creative members get, the harder it could be to get a majority to sign off on it.  The longer it takes for congress to act, the longer a strike could possibly last.

Congressional action is under the Commerce Clause in the Constitution.  It is not part of the Railway Labor Act. 

Jeff   

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Posted by Euclid on Thursday, September 8, 2022 7:58 PM
Thanks for the explanation Jeff.   It sounds like there are quite a few variables about how this could go once Congress gets involved.  With the Midterms right around the corner, inflation running high and worries about a recession, the added impact of a rail strike would seem to carry a lot of leverage in favor of Labor.  It also seems like the news on this is picking up now that the moment of reckoning is here.  That could result in an unanticipated surge of publicity informing the public of what’s at stake.   
 
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Posted by SFbrkmn on Friday, September 9, 2022 12:52 PM

I have let my views & concerns, to the folks that need to know, be known. This is my 5th contract which has turned into the most ugly in in 24 yrs on the ballast. While very concerned, at the sametime, Im not spending a great amount of time allowing to become upset as I will wait for a direct propsal pesented to memebership for review and a vote.                                                                   This has become a learning process. My neighbor is the BLET LC for UP @ Wichita and explained about their health plans, which is entirely different from what we work under on the orange & green. I thought all this was universal, but that it is not. Each carrier has their own plan, and some providers (like mine) seem to be better than others (UP). Word is that our out of pocket monthly will increase only $60.00 through the contract. That was told to me by a BLET engr who attended a recent national meeting in New Orleans. I'm nit fom Missouri, but you have to show me and when I see it in writing proposal, then I'll take thought into it.

Whenever this is finaled and completed and all receieve back wages, odds are strong their will be another round of nation walking off the property. Many indistries have acught up w/the rail industry on wages. For ones working a rd xtra bd or high mileage pool turn, that is where $$$ is at but for other assignments, that is the exception. Righ here in Wichita at the aircraft plants, one can make more per day than working a yd or basic local assignmenton the rails. 

Sam

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Posted by BaltACD on Friday, September 9, 2022 1:03 PM

SFbrkmn
...

Whenever this is finaled and completed and all receieve back wages, odds are strong their will be another round of nation walking off the property. Many indistries have acught up w/the rail industry on wages. For ones working a rd xtra bd or high mileage pool turn, that is where $$$ is at but for other assignments, that is the exception. Righ here in Wichita at the aircraft plants, one can make more per day than working a yd or basic local assignmenton the rails. 

Sam

T&E earnings have never favored the daily assignment - yard or road.  To make money one has to be in a position where more than a day is earned for every day actually worked.

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Posted by NKP guy on Saturday, September 10, 2022 1:18 PM

   In the event of a strike, would Amtrak trains still operate?  

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Posted by tree68 on Saturday, September 10, 2022 5:28 PM

NKP guy

   In the event of a strike, would Amtrak trains still operate?  

There's that whole crossing picket lines thing...

LarryWhistling
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Posted by BaltACD on Saturday, September 10, 2022 9:14 PM

tree68
 
NKP guy

   In the event of a strike, would Amtrak trains still operate?   

There's that whole crossing picket lines thing...

Amtrak does not employ enough operating officials to man their trains (they barely have enough craft personnel to man them.)

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