On October 24, 1997, Chairman Shuster (R-PA) brought H.R. 2247 to the House floor. His bill eliminated labor protection and contracting out limitations from the law. It directed Amtrak and its employees to negotiate new arrangements on both issues under a bargaining process that was unfair to Amtrak employees. Representatives LaTourette (R-OH) and Traficant (D-OH) recognized this inequity and agreed to offer an amendment that kept labor protection and contracting out limitations in the law until Amtrak and its employees negotiated new arrangements.

Chairman Shuster and the Republican leadership rigged the rules for votes on the Amtrak legislation so an amendment Representative Quinn offered was voted on before the LaTourette -Traficant amendment. If the House approved Mr. Quinn's amendment, which Rail Labor opposed, it would have canceled the LaTourette-Traficant amendment. Against the Republican leadership and Chairman Shuster, nearly all the Democrats and 26 Republicans voted to defeat Mr. Quinn's amendment. Though Mr. Shuster's response was to pull the bill, preventing a vote on the LaTourette-Traficant amendment, the defeat of the Quinn amendment was a major victory for Rail Labor.

BMWE activated numerous State Legislative Directors to lobby in Washington, D.C., and mobilized rank and file members to call and write their House members. This vote was essential in achieving final Amtrak reauthorization legislation.

Amtrak Reform Council

The Amtrak Reform Council created by Congress in 1997 in the Amtrak Reform and Accountability Act continues to be a matter of great concern to Rail Labor. The partisan behavior of this Council raises serious questions as to their commitment to Amtrak's future. Republican appointees to the Council have expressed an interest in eliminating most of the unions on Amtrak by "taking a look at Railroad Retirement," and in increasing their own budget while cutting Amtrak's budget.

Recent developments include Clarence Monin, President of the Brotherhood of Locomotive Engineers, being appointed to the council by President Clinton in September, and on November 6, New Jersey Governor Christine Todd Whitman (R) resigned as Chairman of the "ARC." Her decision was a protest of congressional action that barred the council from hiring outside consultants. Rail Labor played a significant role in helping to block funding for consultants. We will continue to monitor the activities of this so-called Reform Council to ensure that the rights of our Amtrak members are not infringed upon.

Amtrak Reform Board

A Senate Commerce Committee hearing was held in September 1998 concerning the nominations of three more individuals to the Amtrak Board. Sylvia DeLeon and Amy Rosen (both members of the previous Amtrak Board), and former Virginia Governor Linwood Holton had been nominated. Senator McCain (R-AZ) and some other Senate Republicans were strongly opposed to the nominations of Rosen and DeLeon. They complained that these two women had no right to intervene in BMWE contract negotiations last year (their intervention helped us get a fair contract). Before Congress adjourned in October 1998, Amy Rosen and Linwood Holton were confirmed. Recess appointments can be made to the Board.

Transportation Appropriations

At the end of the session, the fiscal year 1999 transportation appropriations bill (HR 4328) became the vehicle to carry the omnibus appropriations bill (PL 105-277) that contained seven other spending bills, a $20.8 billion supplemental spending package and assorted other provisions. With the help of Rail Labor, Senator Frank Lautenberg (D-NJ), and other pro-Amtrak members of Congress, Amtrak was successful in having the conferees accept the House level of $609 million, a significantly better amount than the Senate recommendation of $555 million. Senate Transportation Appropriations Subcommittee Chairman Richard Shelby (R-AL) threatened to drastically cut or zero out Amtrak funding. The Conferees also gave Amtrak additional flexibility for the expenditure of its capital funds. An effort by Senator Trent Lott (R-MS) to provide the Amtrak Reform Council an additional $300,000 was vigorously opposed by Rail Labor, and spending for the ARC was capped at $450,000. The use of those funds for payments to outside consultants is prohibited.

The omnibus spending bill provides full funding for the National Mediation Board, the Railroad Retirement Board, and the National Labor Relations Board.

Railroad Retirement (Widow(er)s' Annuities)

Chairman Franks (R-NJ) of the Railroads Subcommittee held a hearing on H. Con. Res. 52 in September 1998. This legislation, introduced in the 1^st session by Congressman Jack Quinn (R-NY), is a non-binding resolution, which calls on rail management, labor, and retiree organizations to begin open discussions for adequately funding an amendment to the Railroad Retirement Act of 1974 to guarantee a minimum benefit for widow(er)s. This benefit is funded by the railroad industry, not the American taxpayer, and it amounts to only one half of the income the retired employee received. At this hearing railroad management and labor agreed to begin wide-ranging discussions on reforming the railroad retirement system. Meetings are expected to be scheduled in the near future.

Railroad Retirement Board Appropriations

The House passed Labor/HHS appropriations bill only provided $86 million for the administrative needs of the Railroad Retirement Board, and did not grant the Board buyout authority to offer voluntary separation payments to Board personnel. At the request of Rail Labor, Senator Specter (R-PA), Chairman of the Labor/HHS Appropriations Subcommittee, convinced the conferees to provide the requested funding of $90 million to the Board. Buyout authority was not included in the final bill. The compromise version of this legislation was included in the omnibus spending package (PL 105-277) that passed at the end of the session.

Rail Safety

In the 1^st session of the 105^th Congress, Representatives Oberstar (D-MN) and Wise (D-WV) introduced H.R. 2455, safety reform legislation supported by Rail Labor. This bill will, among other things, authorize the hiring of 400 new FRA inspectors, address crew fatigue by reforming the Hours of Service Act, and give railroad employees greater authority to report and correct dangerous conditions.

During the 2^nd session of the 105^th Congress, a comprehensive series of rail safety hearings were held by House and Senate Committees to review rail safety laws. Rick Inclima , BMWE Director of Safety, testified on the subjects of track safety standards and human factors at two of the hearings. Other subjects covered in the hearings included rail and truck operator fatigue, hours of service, stronger protections against harassment and technology changes that would enhance the safety of our members and the entire industry.

The Federal Railroad Administration put forth its own bill in the 2^nd session, which was supported for the most part by Rail Labor. Once again, however, the rail industry was unwilling to support many of the provisions in the legislation, and the decision was made to postpone consideration of a rail safety bill until 1999.

Surface Transportation Board

In 1998, Rail Labor testified at hearings and actively opposed House and Senate legislation that would authorize a one year extension of funding for the Surface Transportation Board without an amendment that would ban the STB from breaking privately negotiated labor contracts so merging railroads may achieve operating efficiencies. Fifty House Democrats led by Robert Menendez (D-NJ) drafted a statement demanding changes in the Surface Transportation Board's handling of labor issues as the price of the agency's reauthorization. When it appeared a number of members supported our views, rail carriers and their allies in Congress killed the legislation, rather than risk a vote on whether private agreements should be altered by the government.

Currently two vacancies exist on the Board, and the third seat could become vacant in 1999 as Chairman Linda Morgan's term expires December 31. Rail Labor successfully convinced President Clinton not to re-nominate Jake Simmons, and will strongly oppose the renomination of Morgan. In addition, Gus Owen asked that his nomination be withdrawn due to allegations of ethics violations and a subsequent investigation by the DOT Inspector General. Earlier this year the administration nominated William Clyburn, the 31-year old nephew of Congressman James Clyburn (D-SC) to fill Simmons' seat. But the Republican leadership refuses to bring Clyburn's nomination to the Senate floor until an acceptable Republican is nominated to fill Owen's seat.

The Senate did not confirm successors to Simmons or Owen before it adjourned in October, however, it is possible for the President to make recess appointments to the board.

TEA-21

On June 9, 1998 President Clinton signed into law the Transportation Equity Act for the 21^st Century, or TEA-21. This bill is the largest transportation funding bill ever passed by Congress, providing more than $217 billion in contract authority over the next six years. Specifically, TEA-21 invests $172.6 billion in highways, $41 billion in transit, $2.9 billion in highway safety programs and $1.3 billion in rail programs. Transportation Labor was successful in maintaining the application of 13(c) collective bargaining rights and Davis Bacon prevailing wage protections in all TEA-21 programs. We also managed to stave off an attempt by elements of the transportation industry to deny OSHA protections to hazmat employees.

Hazardous Materials

After the defeat of hazardous materials reauthorization provisions in the ISTEA reauthorization, Senator McCain introduced hazmat reauthorization legislation which contained similar language that would gut the authority of the Occupational Safety and Health Administration to protect hazmat employees. Congress adjourned without acting on hazardous materials reauthorization legislation, however, we will continue our effort to protect hazmat employees from the many dangers they face in their daily work environment by fighting for reauthorization legislation next year that will protect them with the most effective health and safety standards possible.

Campaign Finance Reform/Union Dues

One of the many versions of campaign finance reform legislation introduced in the 105^th Congress was the so-called "Paycheck Protection Act" which the House defeated on March 30, 1998. This bill, H.R. 2608, would amend the Federal Election Campaign Act to forbid the use of union dues for political and legislative activities without first requiring each represented worker to sign a permission form. The measure failed 166-246 due in large part to the massive "Assault on Working Families" campaign coordinated by the AFL-CIO.

On August 6, 1998, after a four month struggle, House Democrats succeeded in passing the Meehan-Shays campaign finance reform bill by calling for votes and then filing a discharge petition that ultimately forced Republican Leaders to have a vote on campaign finance reform. The 252 to 179 vote included 61 Republicans. In September, the Senate, for the second time, blocked action on campaign finance reform effectively dooming its chance for passage in the 105th Congress. The vote was 52 to 48, with the same seven Republicans who supported the bill earlier in the year joining all 45 Democrats to cut off a filibuster led by GOP leaders. The McCain-Feingold bill, which was similar to the bipartisan House bill, sought to ban unregulated "soft money" contributions to political parties, regulate last-minute issue ads by outside groups and strengthen disclosure requirements.

The last significant revision of such laws was enacted 19 years ago.

Social Security Reform

In a series of town hall meetings this year, President Clinton actively engaged Americans in debate on Social Security rescue plans. In December the President will be convening a White House conference on Social Security in preparation for his challenge to the 106th Congress to rewrite the Social Security law.

While the system faces long-run financial challenges that are serious but modest, it does not require the radical and risky measures advocated by those whose real motive is to scrap the program.

The AFL-CIO rates Social Security as a top priority, and the Executive Council recently adopted the following set of principles for Social Security Reform that will address the system's shortfall and assure the integrity of the program:

• Steps must be taken soon to strengthen Social Security so that all Americans can be assured that the program will be there for them.
• Social Security should continue to provide retired and disabled workers, as well as dependents and survivors, with a guaranteed monthly benefit, protected against inflation, for life.
• Benefits should not be subject to the whims of the market, and private accounts should never be substituted for the core defined benefits the system currently provides.
• The age at which workers are eligible for early or full benefits should not raised.
• Social Security should continue to replace a larger share of past earnings for low-income workers and to provide bigger benefits to workers who earned higher wages during their careers. Replacement rates should not be cut.
• Social Security should continue to provide family insurance protection, with benefits that cover dependent and surviving children and spouses in addition to disabled and retired workers.
• Government budget surpluses should be used to save Social Security, not to pay for tax cuts.
  

In addition to defining the above fundamental principles, the AFL-CIO kicked off a nationwide grassroots education and mobilization campaign in August. Along with health care, social security reform is another hot issue that union members considered when they cast their votes in November.

BMWE is closely monitoring this issue as it relates to our Railroad Retirement agenda, and will be participating in AFL-CIO training programs.

(In late September 1998, the House approved a Republican bill to raid the Social Security Trust Fund surplus for an $80 billion election-year tax cut. Bowing to the powerful political pull the social security issue exerted and President Clinton's vow to veto the bill, Senate Majority Leader Trent Lott R-MS) decided against bringing it to the floor. A limited tax cut to extend the credits and give tax breaks to farmers and the self-employed did pass and was added to the omnibus spending bill.)

HMO Reform

In July 1998, the House rejected Rep. Dingell's "Patients' Bill of Rights Act," (H.R. 3605) as an amendment in the nature of a substitute to H.R. 4250, the Republican leadership's bill that passed. Their bill clearly protects HMOs and the insurance industry rather than protecting patients. H.R. 4250 still leaves medical decisions in the hands of insurance company accountants instead of doctors, does not give access to speciality care where needed, does not give patients access to needed drugs or clinical trials and does not provide for continuity of the doctor-patient relationship. The anti-reform majority in Congress hopes consumers will not be able to tell the difference between genuine reform and the phony reform that was passed on July 24, 1998.

In the Senate both parties had their own forms of health care legislation, and the moderates of both parties had proposed compromises. The two parties failed to agree on procedures for voting, and Democrats were unsuccessful in adding their version to a spending bill. One of the bills is S. 1890, The Patients' Bill of Rights Act, introduced by Senator Daschle. This bill, supported by Labor, would provide millions of working families with the tools they need to ensure quality medical care. Among other things, S. 1890 would ensure that treatment decisions are made by a patient's doctor, hold managed plans accountable when their decision to withhold or limit care injures a patient, and would require insurance to pay for all reasonable emergency services.

The AFL-CIO viewed health care reform as one of the top issues that union members were concerned about this election cycle. They will continue their grassroots education and mobilization campaign in support of S. 1890 in the 106^th Congress.

Fast Track

The House defeated H.R. 2621 by a margin of 243-180 in September 1998. This bill would grant President Clinton fast track authority to negotiate trade agreements. The move by the GOP to force a vote on fast track put it on a collision course with organized labor just weeks before the congressional elections. The AFL-CIO vigorously opposes any grant of fast track trade authority that does not require that new trade agreements include binding provisions and enforcement mechanisms to protect worker rights and the environment. This bill is essentially the same legislation that was strongly opposed by Democrats and organized labor in 1997.

The full Senate never considered the issue, although in July, the Senate Finance Committee approved an omnibus trade package (H.R. 2400) that included fast track language.

Right-to-Organize/Salting

The House passed "salting" legislation on March 26, 1998. H.R. 3246 contains three anti-union components; it would prohibit "salting" as an organizing tool, make single unit bargaining more difficult, and it would shift NLRB case cost from the employer back to the board. This bill infringes on one of the basic principles of our labor laws, that workers have the right to organize free from management interference. The bill passed 202-200.

On the Senate side, the voices of workers were heard on September 14, 1998, when Senate Democrats blocked a vote on S. 1981 introduced by Senator Hutchinson (R-AR). The vote on invoking cloture, which requires 60 votes, was 52-42. Ben Nighthorse Campbell (CO) was the only Republican to break ranks and vote with the Democrats to oppose cloture. President Clinton had pledged to veto the bill.

Minimum Wage

In September 1998, the Senate rejected adding Senator Kennedy's (D-MA) minimum wage proposal to a pending bill to overhaul the nation's consumer bankruptcy laws, dooming its prospects this year. Voting 55 to 44, largely along party lines, both parties suffered only two defections. Republican Senators D'Amato (NY) and Specter (PA) voted with the Democrats for the wage increase, while Democratic Senators Graham (FL) and Hollings (SC) voted with the Republicans against it. All four ran for reelection this year.

The bill would have raised the federal wage floor of $5.15 an hour to $6.15 in two annual 50-cent increments, starting next January and concluding in January 2000. The minimum wage was last increased by Congress in 1996.

Senator Kennedy vowed to fight for the legislation in Congress next year.