B   M   W   E
JOURNAL
BMWE
ONLINE VERSION VOLUME 107 - NUMBER 7 - AUGUST/SEPTEMBER 1998
Legislative News
It's Been A Quiet Month in Washington

To paraphrase Garrison Kellier, "It's been a quiet month in Washington." The Republican controlled "Do Nothing" 106th Congress continues to do what it is best at -- nothing. And took the month of August off to rest up to get the energy to do more of the same. Commentators nationwide have expressed amazement at the lack of action and leadership coming from this "Gingrich Congress."* Nonetheless, issues of interest to rail labor have arisen.

Ice-T. In June, Congress managed to pass a new ISTEA (Intermodal Surface Transportation Efficiency Act) bill authorizing the expenditure of $42 billion in tax dollars for transportation in the next five years. This is nearly twice what previous ISTEA bills have authorized. Most of this money will go into highways, but a portion will accrue to railroads, particularly for urban mass transit and for rural highway crossings. The new bill is entitled the Transportation Equity Act for the 21st Century or TEA-21.

AMTRAK Reform Council (ARC). In August, led by the Transport Workers Union and BMWE, rail labor persuaded the House to adopt amendments to the AMTRAK Reauthorization bill which limit the ability of ARC to hire consultants and to travel. Arising from the AMTRAK capital funding bill of 1997, ARC was designed to seek more efficient AMTRAK operations. Instead,

Congress' Republican leadership packed ARC with right wing "experts"** representing railroad related interests seeking to eliminate or privatize AMTRAK for their personal gain. The Andrew-Ney amendments adopted by the House effectively halted this subversive Republican effort to kill AMTRAK.

Surface Transportation Board (STB). Since the end of the Interstate Commerce Commission in 1995, the STB has controlled rail mergers. In recent mergers, the STB began abrogating railroad collective bargaining agreements, allowing rail management to cherry-pick contract provisions which help them and hurt us. In these mergers, STB Vice Chairman Gus Owen has voted as if he were a wholly owned subsidiary of rail management.

Owen's term expired last year, but the law permits him to stay in office until December 31, 1998. President Clinton reappointed him, but research by the Congressional Accountability Project (CAP) (which BMWE provided to appropriate Senators) shows Owen violated numerous federal ethics laws concerning use of government paid time and facilities for private business. In an election year, even a Republican-controlled Senate is hesitant to confirm a candidate as ethically challenged as Owen. As the Journal goes to press, it appears that Owen will not be confirmed by the Senate and will resign before the end of the year.

STB Reauthorization and Rail Safety. A STB reauthorization bill (in the bizarre world of Washington, the STB can continue to operate because it has been funded even though its existence has not been authorized) and a very weak "Rail Safety" bill are still pending. BMWE opposes both without substantial changes in each to protect workers. Republican leadership is unwilling to consider the changes sought by responsible rail labor, but does not have the votes to pass either without labor's acquiescence. Thus no action on either bill is likely this session.

In September, both houses will consider remaining appropriations bills and reports of Conference Committees convened when the House and the Senate version of a bill do not match. Few of these are expected to be directly harmful to BMWE, but they must be monitored. By early October, Congress is expected to adjourn for the year to campaign for re-election.

In the "Do Nothing" Congress, responsible rail labor and rail management are at a standoff. Republican Committee Chairs, showing obeisance to rail management, can prevent bills promoting rail shipper or worker interests or equalizing power in the rail industry from being heard. Responsible rail labor can block passage of management's bills which severely hurt us. The result: status quo -- at least until we can change the makeup of Congressional leadership.

For more information on what's happening in Washington or in your state, contact your local lodge legislative representative or your BMWE state legislative director.

* Congressman Martin Sabo (D-MN) indicates that the inactivity of Congress comes in part from the inability of Republican leadership to control its own caucus (up to 50 Republicans often join Democrats to vote with rail labor) and to keep younger Republicans from making inane and embarrassing statements and proposals which could cost Republicans votes and seats in November 1998.

** As described by House Transportation and Infrastructure Committee Chair Bud Schuster (R-PA).

In 1992, real estate developer Gus Owen raised money for George Bush while his wife led California Republicans for Clinton. No matter who won, this "highly ethical" pair was on the winning side. Owen's reward: an $118,000 per year job (which he treated as part time) and presumably the "undying gratitude" of the railroads he was supposed to oversee in the public interest.

BMWE Legislative Department Changes From Convention Action

  • The $8.00 annual August legislative assessment was converted to a $1.00 per month legislative assessment, paid only in months worked. This reflects the dollars BMWE actually spent on legislative activity in the last four years.
  • Election of state legislative directors and local lodge legislative representatives will occur in the odd-numbered year following Grand Lodge Convention.
  • The focus of the department's lobbying efforts will shift to Washington, D.C. to reflect federal pre-emption of state control of railroads by the Interstate Commerce Commission Act of 1995.
  • The Legislative Department must publish a report in each Journal covering BMWE's recent legislative efforts.
  • The department will press for increased involvement in the Maintenance of Way Political League (MWPL) and in the Committee on Political Education (COPE).
  • Retirees whether by age or disability who are in good standing or who hold life memberships are now eligible to run for office in the Legislative Department.
  • Upon the recommendation of the state director, local lodge legislative representatives can represent the state BMWE Legislative Committee at state and national political events.

Your Vote Counts!

You work the Road. Because since PEB 219 in '91, that's where the jobs are. Or that's where the money is.

You know the lesson of PEB 229 in '96 -- that keeping Congress out of contract negotiations gets you a better deal. Lets you make more money. See your kids more often.

You know your vote counts. That your vote makes a difference in the size of your paycheck. In how well your family lives. That in '96, less than 5,000 votes nationwide gave control of Congress to your enemies -- the ones who want to get back into your pocket.

But votes are cast and counted where you live. And you may be working 100, 500, 1,000 miles away on election day, November 3, 1998. How the H... can you vote?

By ABSENTEE BALLOT.* Details vary from state to state, but the basic procedure is the same everywhere. To get an absentee ballot, call or write the election bureau where you live. Tell the bureau you want to vote absentee. The election bureau sends you an absentee ballot application. You fill out and return the application. The election bureau sends you an absentee ballot. Mark the candidates you want on the ballot and return it to the election bureau. Your ballot is mixed with other ballots to keep your vote secret and is counted with the others cast in your home district on election day.

Don't know where your election bureau is? Call 1-888-VOTE-SMART. The call is free. From your home address, Vote Smart can tell you who to contact to get an absentee ballot.

Heads Up 1: Absentee voting requires you and the election bureau to exchange three or four pieces of mail. Expect this exchange to take up to three weeks depending on how far from home you are. Meaning you should ask for an absentee ballot no later than October 10, 1998.

Heads Up 2: Most states require you to register to vote. If you aren't registered, or aren't registered where you now live, ask your election bureau to send a registration form with the absentee ballot application. Fill out and return your registration with the absentee ballot application.

If you aren't registered, apply earlier -- preferably by September 21, 1998!! Registration deadlines (published in the May 1998 Journal) vary by state but begin to close October 2, 1998. In most states (except Idaho, Maine, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming), if you're not pre-registered, you can't vote.

Voting isn't just a civic duty. It's one of the easiest and most effective things you can do to boost your paycheck, protect your family, and help your union.

* Absentee voting also works if you observe that popular fall holiday -- deer season -- which in some states conflicts with election day.

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