On July 7, 1997 the National
Mediation Board proffered arbitration to Amtrak and the
BMWE. As you all know, this means that within a
relatively short time BMWE and Amtrak, in the event they
are unable to reach an agreement, will be free to resort
to self-help. Grand Lodge has been active, together
with the rest of rail labor, the retirees and many
private and public organizations, in securing funding for
Amtrak. The Amtrak questions are complex ones involving
history, issues of federal and state funding, national
transportation policy and environmental questions, all
set against a background of a backward management which
is more likely to work against Amtraks long term
interests than in favor of them. Amtrak has demonstrated
a lack of honesty and integrity in the process and is
generally disrespected on both sides of the aisle in
Congress.
Amtrak, by federal law and policy, is our national
rail passenger system part of our national
passenger transportation system. It serves to reduce
traffic from crowded highways and airlines by providing
an energy-efficient, ecologically friendly means of
rapidly moving passengers in densely populated corridors
and providing transportation alternatives to passengers
in other parts of the United States. It was part of the
Penn Central Railroad in the Northeast, and other freight
roads throughout the U.S. until the mid-70s.
At that time, as part of a national policy to
reinvigorate a declining rail industry, Amtrak was
created in recognition of the fact that a national rail
passenger system, though critical to overall U.S.
passenger transportation, drains resources from private
rail freight railroad companies, and must be publicly
funded and dedicated primarily to moving passengers, just
like rail passenger systems throughout the industrialized
world. Subsequently the freight railroads were
deregulated and in the early 80s were permitted to shed
their commuter rail operations for similar reasons.
In order to obtain Rail Labors support in
shedding passenger lines, it was necessary for Congress
to provide Amtrak workers and commuter employees a level
of pay and protections similar to those they were
eligible for when they worked for the combined
freight/passenger railroads. These protections were
written into the federal statutes which created the
solely passenger roads (Amtrak and the various
commuters). As the commuter roads serve much more
localized areas than Amtrak and are, therefore, funded by
various federal and state subsidies, they developed a
different bargaining pattern than Amtrak did, because
Amtraks subsidies are primarily federal.
Amtraks bargaining pattern, because it provided
long distance interstate and national passenger service,
and operated over the track of other freight roads,
mirrored national bargaining. The Amtrak collective
bargaining agreements of virtually all of the non-ops
provided similar increases to those of the national
freight roads.
The commuter roads, where MofW members go home every
day and do not work on 125 m.p.h. track, after a raucous
beginning, continued to gain increases and other benefits
at a much greater pace than BMWE members on the freights
and, therefore, on Amtrak. Today, our members on the
commuter roads earn approximately $3 per hour more than
our members on the freights and on Amtrak. These commuter
roads are generally located in high cost of living areas,
as are the vast majority of Amtraks BMWE members.
Because of the nature of rail passenger
service--highly intensive during the day with a much
lighter schedule at night and on weekends--our Amtrak
members provided Amtrak with incredibly productive work
rules. Huge working districts, flexible starting times
and weekend work for production gangs, including night
work, were the norm as early as 1979. Our members
provided Amtrak with the most productive work force that
exists on any national passenger system on the planet
earth.
But even this was not enough. With the advent of the
Reagan administration, a constant and ever louder cry to
underfund Amtrak developed. In 1981, the BMWE negotiated
an agreement, together with the rest of Rail Labor in
which they agreed that Amtrak members would defer
increases received on the national freight roads until
they were earning 12% less than their counterparts on
those national freight roads. Amtrak then took the
position that this was not a deferral but a concession.
As a result of this, Amtrak employees earned 12% less
than their counterparts on the freight roads and
substantially less than their counterparts on the
commuter roads, even though many of them originally came
from the freight roads when Amtrak was created. Also as a
result of these concessions, BMWEs presentation to
the 1992 Presidential Emergency Board 222 included the
fact that a newly hired Amtrak BMWE employee with a
family of four working eight months per year on a
production gang was eligible for food stamps.
From this point forward, the Reagan and Bush
Administrations, with support from most Republicans and
many Democrats, constantly pushed to underfund Amtrak. At
one point during this period, President Reagan, in his
State of the Union Address, called for Congress, as one
of the Administrations highest priorities, to
completely defund Amtrak. Although this position made no
sense, as Amtrak provides substantial public benefits (to
the environment, to energy efficient travel and to
supplement intercity travel in remote locations), has the
most productive work force of any long distance passenger
railroad in the world, obtains a larger percentage of its
expenses from the fare box than any other long distance
passenger railroad in the world, it caused Amtraks
top management to continue to attempt to gouge its work
force, even as it developed mechanisms to except itself
from the austerity it was pushing on our members.
In order to be in tune with the Reagan band, Graham
Claytor announced in the late 1980s that Amtrak would
require no operating subsidies by the year 2000, a wholly
unrealistic, stupid goal which was (and is) impossible to
obtain. Once Claytor made this promise, many politicians
of both parties decided they would hold Amtrak to it,
even though they knew it was impossible to achieve and
also knew that Amtrak is necessary to Americas
overall transportation network.
While this was going on, BMWE was involved in the
disastrous PEB 219 round of bargaining on the freight
roads. As a result of this catastrophic round of
bargaining, Grand Lodge leadership committed itself to
seeing that the Amtrak and Conrail rounds of bargaining
which were taking place over much of the same time
period, did not end the same way as the PEB 219 round
ended. Grand Lodge decided to provide the Amtrak and
Conrail committees with massive resources and assistance
to make certain that our members on both roads did better
than our members did nationally.
As a result of this commitment of resources and
assistance by Grand Lodge and the struggle waged by our
Amtrak committees after PEB 219, our Amtrak membership
obtained an agreement which, by the middle of 1995,
restored these members to national levels. At that time,
Grand Lodge and the Amtrak Committees fought a
no-hold-barred struggle in Congress, with Amtrak, and
with the Bush Administration which put our members on a
par with the rest of freight Rail Labor. It is important
to point out, however, that our members on the freight
roads had only obtained the paltry wage increases
recommended by PEB 219, recommendations rammed down our
throats by a Democratically controlled Congress, which
caused a substantial decline in the real wages of our
members on the freight roads. On the one hand, Amtrak
members were at national rate. On the other hand, this
national rate included a substantial real wage cut for
our members on the freight roads.
This leads us to where we are now. As a result of the
programs and in-your-face strategies and tactics put into
effect by Grand Lodge, the System Committees, the Local
Committees and the membership, and the invaluable
assistance of AFL-CIO President John Sweeney and AFL-CIO
Secretary-Treasurer Richard Trumka, we obtained an
inflation-maintenance agreement for the national freight
roads, a degree of job protection, a moderate increase in
our meals, lodging, health, welfare and supplemental
sickness benefits allowance and a less-than-cost travel
allowance, some improvements in our production gang rules
and a long needed upgrade of our off-track vehicle
accident plan. We obtained some other moderate
enhancements also. We did not make up for the substantial
real wage cut and onerous work rules we took nationally
during the 219 round. But judged on its own merits, we
held our own at the national level.
In addition to the freight roads that were involved in
the national round, the Soo Line and the SP (now owned by
the UP) also settled agreements that fit within the
framework of our national agreement. When we offered this
to Amtrak, it simply refused to negotiate seriously.
Making the tired arguments that they could not afford the
national package, it made a series of offers that were
simply insulting. Amtrak constantly refused to send its
chief negotiator to the bargaining table, even when the
National Mediation Board requested it to do so. In August
1996, one month after we reached tentative agreement on
the national freight package, we requested the NMB to
proffer arbitration, because fiscal year 1997 would
commence soon afterwards. We wanted to make certain that
our national agreement increases, benefits improvements
and rules would be calculated into Amtraks budget
projections.
Well, the NMB did not proffer until July 7, 1997.
Amtrak attempted to convince the NMB to wait until the
next fiscal year commenced, even though its budget did
not include these national improvements. The Amtrak BMWE
Committees were not willing to wait even longer, knowing
that no matter when the release would come that Amtrak
would scream that the national increases were not
included in its budget.
Now we are engaged in the process. Grand Lodge has
committed substantial resources and assistance to the
Amtrak Committees in order that they be able to obtain
what they deem best for the Amtrak membership. Grand
Lodge has approved several outside consultants and
assigned many of its key staff to help the Amtrak
Committees in the event a presentation must be made to a
Presidential Emergency Board and to explain our plight to
Congress. It has also reached out to the AFL-CIO which is
providing active assistance through the offices of
Secretary-Treasurer Richard Trumka. Grand Lodge is
committed to do whatever it can to assist our Amtrak
members in obtaining an agreement that is acceptable to
the Amtrak Committees and membership.
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