Last month this column looked back over the last century and
observed that despite the dramatic, revolutionary developments in
technology, human behavior is still governed by the same forces that
existed at the beginning of the century. We noted that the more things
change, the more things stay the same.
In this column, the first of the new century, I am inviting our
membership and others who read this Journal to help in improving human
behavior, including our behavior. We enter this Century with a series
of major battles to fight in order to see that our members and their
families' lives and livelihoods are enhanced.
We have a round of bargaining that we want resolved by the middle
of this year. We have already been informed by the railroads that they
intend to protract the bargaining process. An agreement that appears
about to be reached between most of the other rail crafts and the
railroads (just as this Journal goes to press) threatens to destroy
our ability to make significant changes in our benefit levels in
Railroad Retirement.
The very existence of our sister union, the Brotherhood of
Locomotive Engineers, is in the hands of arbitrators as a result of
NMB action on the UTU petition to force a shotgun wedding between UTU
and BLE. The Canadian National Railway has announced its intention to
merge with the BNSF, possibly leading to another massive wave of
contract abrogations, expanding districts and other such cramdowns.
The fight to stop the railroads from unilaterally changing contracts
through the merger process still faces us.
And the railroads' boldness in violating our collective bargaining
agreements by contracting out work and manipulating other benefits
such as the travel allowance is expanding geometrically. Their actions
are aided by a judiciary which defines away our right to strike by
eroding the definition of a major dispute. And, in many instances,
arbitrators ignore or misread collective bargaining language and
refuse to force the railroads to pay the costs of their unilateral
abrogations of our contracts.
Added to this is the never-ending work of our General Committees
and Lodges in negotiating, administering and enforcing the agreements
and fighting to see that our members work in a safe environment.
All of this sounds as if a new century hasn't started - that the
new Millennium appears to be a repeat of the last one. And when we
look at the bigger picture, there still appears to be little
difference. The first year of the new century brings us a presidential
election and congressional elections.
Once again we must focus on an imperfect political system - a
system so driven by huge amounts of campaign financing that the rights
of working people and poor people are always at risk. While working
people and poor people generally fair better under Democratic
administrations than Republican ones, it is necessary for us to look
closely at the candidates before we vote.
Although we in rail labor have faired better under the Clinton
Administration than we did under Reagan and Bush, we have still seen
the greatest consolidation of wealth and power in the new railroad
industry under the Democrats than the railroads even conceived of
under Reagan and Bush. And although Reagan and Bush started the
cramdown that made these mergers a nightmare to our membership, the
appointees of the Clinton Administration continued the cramdown
policies and granted permission for these mergers to continue, even
though the historical reason for railroad mergers is no longer valid.
By the time the Clinton Administration came to power in 1992, the
inefficiency of the railroad industry had ended and we had a rail
industry in which all of the major carriers were becoming increasingly
profitable. By the time the 1995 round of bargaining started, all of
the major railroads were more profitable than they had been in
generations with projections of even greater profitability, efficiency
and productivity. And there was still a modicum of competition and
shippers were being better served than they had been in generations.
Despite this, the appointees of the Clinton Administration allowed
mergers to go on unabated and the profitability and efficiency of the
industry declined, despite the fact that the railroads continued to
abrogate contracts in the name of efficiency.
However, the Clinton Administration appointees did allow a more
level playing field in the collective bargaining arena leading to
better results in our 1995 national bargaining round than we would
have seen under the Reagan-Bush anti-labor National Mediation Board.
Further, the Democratic appointees in the Department of Transportation
and the Federal Railroad Administration demonstrated and continue to
demonstrate an even handed approach to the industry - recognizing the
critical importance of labor input at every level. This has led to a
safer railroad industry and a clear recognition of the importance of
Amtrak and commuter rail that has improved service to the riding
public while enhancing the lives and livelihoods of our members and
their families.
We have seen fairness from some Republicans also. We applaud and
recognize the courage of Senator Mike Crapo (R-Idaho) to introduce
legislation to end cramdown and the tenacity of Representatives Bob
Ney (R-Ohio) and Steve La Tourette (R-Ohio) in a number of fights
critical to Rail Labor. Governor Tommy Thompson of Wisconsin has
demonstrated an even handed approach to Amtrak workers and has
resisted a push from many in his party to reduce Amtrak funding. The
work of Don Young (R-Alaska), Lincoln Diaz-Bolart (R-Florida) and
several other Republican Congressmen demonstrates that we must not
simply vote Democrat just because they generally are fairer to working
people and poor people than Republicans.
Although it is true that there are many more Democrats who will
fight for working people and poor people (Senators Torricelli,
Wellstone, Kennedy, Harkin and Congressmen Bonior, Oberstar, Wise,
Gephardt and the Congressional Black Caucus just to name a few), there
are some Republicans whose stance for working and poor people is
better than many Democrats. We cannot forget that other Democrats
support NAFTA and unfair trade policies designed to reduce union wages
and jobs in the U.S. and turn a blind eye to anti-labor and
anti-worker and human rights policies abroad.
There are some who believe that the expansion of the politics of
money means that the labor movement in general and Rail Labor in
particular must seek compromises and grant concessions, even when
concessions may not be warranted by objective criteria - that rail
labor should make any deal no matter what the facts are. Those people
generally believe that if Labor pushes too far, there will be an
adverse impact on working people and the poor.
Although compromise is necessary in order to maintain an expanding
economy and improve the standard of living of working people and the
poor - you can't always get what you want--it is incumbent upon us in
Rail Labor to be intelligent about what compromise means. There is a
big difference between compromise and concessions - between going on
the basis of an uneducated "gut" feeling on the one hand and
knowing the full facts in order to obtain the best possible result in
a deal on the other. It is just as important to know when to say
"no" as it is to know when to say "yes".
Unfortunately ego, laziness - sometimes even corruption - cause
some in our movement to cut deals without a willingness to fully
analyze the facts. These people are so fearful of the power of the
other side that they are not willing to obtain for their members what
the facts demonstrate our members deserve. In short, they lack
confidence in the power of the Labor Movement, even when the facts
demonstrate that there is more on the table than the deal they cut.
This does not mean to fight for the impossible - it means to fight for
everything that is achievable.
In the opinion of the BMWE, it is these two tendencies that we must
steer between in this new century. On the one hand we must not simply
settle regardless. On the other hand, we must not fight for that which
cannot be achieved. We must be honest with our members - seek the
advice of experts - and make the compromises necessary to improve the
livelihoods of our members to the maximum extent possible, as a
careful analysis of the facts determine.
This does not mean obtaining an improvement when the facts clearly
demonstrate that a better improvement is achievable. But it also does
not mean going after something the facts demonstrate we can't get. The
only caveat to this is that when the facts demonstrate that what is
achievable is unacceptable, especially in critical areas, then we must
fight regardless.
We cannot allow ourselves to be read out of the picture by the
agenda of others who determine that we should get less than decent
living and working conditions. And when we compromise and when we
fight, we must do either as intelligently and vigorously as possible -
using all of the tools available to us in a non-violent manner.
Although these concepts may appear simple, they are difficult in
application. The Railroad Retirement fight is just one example of
this. Most of the other crafts are fighting for a minor improvement
and giving the railroads much more than the facts determine they
should receive in order to get that minor improvement. And they are
trying to cram what they believe is good for them down our throats,
even though their deal is not good for our members.
By doing this, they are allowing the railroads to capture much more
of the fund - now and in the future - than the railroads are entitled
to. All in the group that is cutting the deal absolutely refused to
allow independent actuaries and bankers to evaluate it while the
railroads had independent actuaries and bankers advising them from Day
One.
The unions that agreed to this deal believe giving the railroads
50% of your money (between $325 million and $340 million per year) to
improve benefits a little -- and consequently ending the ability of
the fund to provide us with substantially better benefits in the near
future - was worth the deal, even though we will only receive $308
million per year at most, probably less.
Hopefully we will be able to stop this deal and negotiate something
which is fair to both the railroads and our members. But more
hopefully, Rail Labor will use this exercise as a lesson in how not to
bargain and learn to steer the course between capitulation and
mindless militancy with intelligence and courage. If we all learn how
to go about this, this new century will be a bright one for working
people in the railroad industry.
Had the rest of Rail Labor learned this lesson when all of the
affiliates supported deregulation of the rail industry in the early
1980s, we could have ended the last century well on the road to a
better life for our members. This time, however, crafts representing a
substantial percentage of Rail Labor did learn the deregulation lesson
and will not support a bad deal because others are doing it. Trick me
once, shame on you. Trick me twice, shame on me.
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