The railroad industry, from the
perspective of BMWE members, is governed by a myriad of federal labor legislation and
federal agencies. Our very right to unionize, strike, collectively bargain, and arbitrate
our disputes is granted in the Railway Labor Act (RLA) and administered by the National
Mediation Board (NMB). Our right to compensation when we are injured is granted under
the Federal Employers' Liability Act (FELA). Safety regulation of the railroads is
governed by the Federal Railroad Administration (FRA). Our unemployment, sickness and
retirement benefits are administered by the Railroad Retirement Board (RRB).
Our right to a modicum of protection when some railroads merge, abandon property, lease
in certain instances and coordinate is provided for by the Surface Transportation Board
(STB) as a result of the Interstate Commerce Act, as amended. Amtrak, the national rail
passenger system and numerous commuter railroads are partially funded and regulated as a
result of federal legislation. There are numerous other examples of the importance of
federal legislation and agencies to the benefits our members receive.
I am not saying that any of these laws and agencies provide the level of protection
that our members deserve and need. I am simply saying that whether we like it or not, our
industry and our members are heavily impacted by what happens in Congress and the attitude
of those who run the various federal agencies. It's just that simple.
This is why it is so critical to us who make our livelihoods in the railroad industry
to have labor sensitive legislators and bureaucrats in Congress, in the White House and at
the federal agencies. When we have enough labor-sensitive legislators and bureaucrats, we
are able to see that the laws provide us with the benefits which we deserve and to which
we are entitled and that the agencies make certain that we get what we have coming to us.
And when the Congress, the Administration and the bureaucrats are not labor-sensitive, we
end up losing benefits under law and under the enforcement mechanisms of the various
federal agencies.
Our recent struggles with the STB and the Railroad Retirement Board are examples of
this. The STB and its predecessor agency, the Interstate Commerce Commission (ICC) have
since the early 1980s, been controlled by anti-labor, anti-shipper, pro railroad
management personnel. That personnel have turned the Interstate Commerce Act on its head
so that a law that was originally designed to protect workers, the public and shippers
from predatory practices of monopolistic railroads now injures workers, the public and
shippers while helping to create monopolistic railroads which employ predatory practices.
There is a long history of ICC Commissioners obtaining very lucrative positions in the
railroad industry after having developed policy and made decisions in favor of railroad
managements at the expense of railroad workers, shippers and the public. Similarly,
although we eventually won the fight, a majority of anti-labor Railroad Retirement Board
Board members nearly caused a substantial deterioration of our occupational disability
benefit last year.
Unfortunately things are never black and white. In most instances labor has to choose
between the lesser of the evils. But even when this happens, we have a duty to make those
choices. For example, although the Clinton Administration has not been a friend of labor
in many of the appointments it has made, on balance, its appointments have been at least
neutral towards us rather than opposed.
This has meant that when we mobilize support from the AFL-CIO we have done better than
we did for our members when Reagan and Bush were Presidents. We should have been done even
better under Clinton/Gore, but it has been better for railroad workers in the areas of
collective bargaining and safety than it would have been if Clinton had not been elected.
On the other hand, the turn of the Congress from Democrat to Republican has been mixed
for us. There have been several Congressional Republicans who have consistently voted with
Democrats on rail labor issues since Congress turned. As a result, in the area of
collective bargaining, we received better results from Congress under the current Congress
than we did when the Democrats controlled the House.
However, as a result of the fact that under a Democratically controlled House in the
future, Rail Labor issues would be under the Transportation and Infrastructure Committee
and not under the Committee which had jurisdiction over Rail Labor issues when the
Democrats last controlled the House, we would probably do better for our members if there
was a change in leadership. This does not mean, however, that we should abandon the
Republicans who stuck with us during these trying years.
I realize that our membership is diverse - that many are interested in issues that do
not impact on labor (gun control, abortion rights, environmental issues, etc.). However,
from a perspective of being able to provide your family with better living conditions -
from a perspective of being able to have a safer job site and better working conditions -
it is important to vote your pocketbook.
In November there will be federal elections. All of the House of Representatives is up
for election as is one third of the Senate. The results of these elections will definitely
impact on whether life for the next two years will be better economically for railroad
workers or worse. This means that your vote really does matter. And it means this is true
even if you vote for someone with whom you disagree on several issues.
It is for these reasons that I am urging that you register to vote and vote. The BMWE
has prepared a voting record (printed in this JOURNAL) listing all senators and U.S.
representatives and how they voted on issues of importance to Labor over the past two
years. Please take the time to review the records of your Congressmen and consider voting
for the candidates most likely to provide you and your family with the best living and
working conditions into the future. |