ONLINE VERSION	VOLUME 106 - NUMBER 9 - OCTOBER 1997

Presidential Emergency Board 234 (Amtrak) Issues Recommendations

After nearly three years of fruitless bargaining with Amtrak and nearly one year after the conclusion of the national round of bargaining, the National Mediation Board (NMB) proffered arbitration to BMWE and Amtrak. BMWE rejected the proffer of arbitration and the NMB appointed Presidential Emergency Board 234 (PEB 234). Arnold Zack, Roberta Gollick and Richard Bloch were appointed as the members of the Board. During the period between the NMB proffer of arbitration and the BMWE rejection, BMWE developed its plan for its presentation to the PEB. Presentations were made on wages, benefits and work rules by the parties. BMWE presenters included President Fleming (introduction and off-track vehicle insurance), Pennsylvania Federation General Chairman Jed Dodd (introduction and Amtrak-specific work rules,) Tom Roth of the Labor Bureau (economics, supplemental sickness, sub-plan and meal and travel expenses, arbitral authority of "ability-to-pay" arguments when neutrals evaluate wages for employees working for publicly funded entities), Health & Welfare expert Tom Harter (health and welfare), BMWE General Counsel Bill Bon (Amtrak Production Gangs and the role of pattern in PEB recommendations), BMWE Assistant to the President Steve Powers (CDL) and Assistant General Counsel Don Griffin (presentation coordinator and successorship). BMWE's position was that a pattern was set by the recommendations of PEB 229 and the national freight agreement in wages and in work rules and that Amtrak, which has historically agreed to the national agreements, should be bound by the national BMWE pattern. Amtrak argued that it simply did not have the ability to pay the national package and should only be required to continue paying the Harris COLA (one-half of the increase in the consumer price index per year) at least until 1999. PEB 234, after evaluating the arguments of both sides, recommended the national wage settlement (including the equity wage adjustment), retroactive to the dates they became effective nationally. It recommended that all other issues (benefits and work rules) be subjected to a 60-day process of mediation and binding arbitration. At present, BMWE is bargaining with Amtrak and believes that the recommendations of PEB 234 do form the basis for reaching agreement. In the event the parties cannot reach agreement, they will be free to resort to self-help as of October 22, 1997. "PEB 234 found that our Amtrak membership, who work on 125 m.p.h. track, should not be paid less than our members on the freight railroads," stated President Fleming. "This is fair and this is what BMWE argued. Amtrak should quit its intransigence and agree to the national benefits and work rules also. I would also like to thank all of those involved in developing BMWE strategy, tactics and presentation for PEB 234. Once again, a united effort between Grand Lodge and the Systems produced excellent results." General Chairman Dodd stated, "We only hope that Amtrak learns its lesson, sits down, negotiates and comes to a fair agreement based upon the recommendations of PEB 234. We should have no reason to arbitrate. Despite the fact that Amtrak members earn between $3 per hour and $5 per hour less than their counterparts on the commuter railroads, we are willing to accept the national wage and benefits package, and even tailor some of the national work rules to the Amtrak property at significantly reduced costs to Amtrak. We have provided Amtrak with incredibly productive work rules since 1979 and remain ready to work with Amtrak to insure its survival. We will not, however, work under inferior agreements. PEB 234 recommendations provide the basis for agreement if Amtrak simply negotiates in good faith." Dodd also thanked all for their assistance on a job well done.