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JOURNAL
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ONLINE VERSION VOLUME 107 - NUMBER 7 - OCTOBER 1998
President's Perspective
10pres.jpg (25438 bytes)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.

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