The initial three-year authorization of the Surface Transportation Board (STB), successor to the Interstate Commerce Commission, expired in September 1998, although Congress has appropriated funds for its operation through September 30, 1999.

Last year's Congressional attempt at STB authorization was stalled over concerns by (captive) shippers about the way the STB has handled railroad competition issues and by rail labor's outrage over the STB's practice of abrogating contracts. Shipper groups have mobilized in their attempt to seek legislation that would provide protection from consolidated rail market power, and to date, three Senate bills (S98, S621, S747) have been introduced.

Rail labor, and the BMWE in particular, is vehemently opposed to any government agency having the authority to break privately negotiated collective bargaining agreements. They have been extremely vocal in their demand that the STB should be absolutely prohibited from such action and any STB bill must contain a provision eliminating the so-called "cram down."

In early March, the AFL-CIO Transportation Trades Department (TTD) testified at a Senate STB reauthorization hearing and at the Senate committee's request agreed to discuss the "cram down" issue with the Association of American Railroads (AAR). These discussions are continuing.

STB Chairman Linda Morgan's term expired on December 31, 1998, and she is awaiting word on her renomination. As has been previously reported in the JOURNAL, the BMWE strongly opposes Morgan's renomination because of the leading role she has chosen to take in abrogating contracts. (On February 22 the Senate confirmed Wayne Burkes as STB Commissioner and William Clyburn as STB Vice Chairman.)

In its fiscal year 2000 budget, the Clinton administration has requested $571 million for Amtrak. The BMWE supports, as a minimum funding level, the President's budget proposal. If the budget is approved by Congress later this year, Amtrak's federal funds would be used to purchase new trains and to make capital improvements.Transportation appropriation hearings have been held in both the House and Senate transportation committees. In addition, 43 Senators have written a letter to President Clinton calling for full funding for Amtrak. The letter was spearheaded by Senators Frank Lautenburg (D-NJ) and William Roth (R-DE).

The fiscal year 2000 budget also calls for $750,000 for the 11-member Amtrak Reform Council (ARC) charged with evaluating Amtrak's performance, recommending cost containment, productivity improvements and financial reforms. The budget would permit the use of funds to hire outside consultants. Rail labor won a battle at the end of last year that capped fiscal year 1999 ARC spending at $450,000 and also prohibited the use of funds for outside consultants.

Because its motives and practices continue to be anti-worker and inconsistent with the survival of Amtrak, the BMWE is pushing for termination of ARC effective September 30, 1999 and zero funding for fiscal year 2000. If this goal cannot be reached, the BMWE will fight for the continuation of the fiscal year 1999 prohibition on the use of the ARC funds to hire outside consultants.

Also of concern to the BMWE is the possible conflicts of interest resulting from some members' business dealings with transportation interests. For example, former FRA Administrator Gil Carmichael was recently appointed Chairman of ARC. Carmichael is Vice Chairman of Motive Power Industries, whose Boise Locomotive company subsidiary maintains and overhauls Amtrak equipment and even competes with Amtrak to operate commuter services.

Rail labor has requested $10.4 million in fiscal year 2000 for activities of the National Mediation Board (NMB); an increase of $1.3 million from the Clinton Administration's budget request. The BMWE supports the request of $10.4 million as it is needed to combat the serious backlogs in the dispute resolution process which result in workers being unjustly left out of service. Rail management is also committed to addressing this problem because the backlogs often prevent them from moving forward on basic personnel matters.

Congress plans to consider reauthorization of the Federal Railroad Administration's (FRA) safety programs this year. Rail labor is committed to pursuing a unified agenda that stops the harassment and intimidation of employees; addresses worker fatigue; and mandates certification for conductors, trainmen, dispatchers and carmen.

To support an FRA bill, the BMWE requires that the legislation make serious advancements in all areas of safety; including stronger protections against harassment and intimidation and that maintenance of way employees be included in any fatigue management plans.

At this time, the BMWE continues to oppose the bill that would reauthorize the Administration's hazardous materials program through fiscal year 2005 because the legislation does not expand the definitiion of "hazmat employee" to include maintenance of way and signal employees. As reported in the March 1999 issue of the JOURNAL, BMWE Director of Education & Safety Rick Inclima testified on this issue before a House sub-committee in February.

The BMWE is committed to the pursuit of lowering the retirement age under the Railroad Retirement Act by seeking the support of the other rail crafts, rail retirees and rail management. Changes in the Railroad Retirement Act age provision can be made only by statute. Historically such statutory changes have followed agreements through bargaining between rail labor and management. Discussions over this issue have been held and are continuing between rail labor and management.

The BMWE also supports a Congressional resolution, introduced last year by Representative Jack Quinn (R-NY) calling on rail labor and management to come together to work toward a guaranteed minimum benefit for widow and widower annuities.

As railroad retirement Tier I benefits are tied directly to the social security system, the BMWE is closely monitoring Congress and the Administration as they consider changes to Social Security to insure that the interests of rail workers are protected and their retirement security is preserved.

The BMWE supports the President's plan of appropriating 62% of the unified budget surpluses for Social Security over the next 15 years and an additional 15% to insure the solvency of Medicare. The BMWE strongly opposes replacing the system with individual retirement accounts, raising the retirement age to 70 and higher, cutting inflation protections and slashing guaranteed benefits.