WASHINGTON -- The following was released on January 22 by the Transportation
Trades Department, AFL-CIO:
The Amtrak Reform Council (ARC) has "acted in an arbitrary and capricious
manner and contrary to law," eleven AFL-CIO rail unions representing the
vast majority of workers in the passenger and freight rail industry today
charged in a suit filed in federal district court. The effort, coordinated by
the Rail Labor Division (RLD) of the Transportation Trades Department, AFL-CIO
(TTD), seeks an injunction to bar the ARC from filing an unlawful report to
Congress that will inappropriately call for Amtrak's break-up in defiance of the
ARC's explicit statutory mandate.
"Instead of providing an objective assessment of Amtrak's operations and
finances as Congress intended, the ARC has long pursued an ideological agenda to
dismember and then sell-off Amtrak to private interests," said RLD Chair
Mark Filipovic. "We've long known that the ARC is a rogue group wasting
taxpayers' dollars to achieve a result Americans do not want. But in the last
few months the ARC has taken its self-appointed missionary zeal to new, and
illegal, extremes."
Specifically, the suit filed in the U.S.
District Court for the District of Columbia, contends that the ARC:
-- In violation of the law, did not take into account the actual assessments of
an independent consultant and the Department of Transportation's Inspector
General when formulating its recommendation to Congress.
-- Acted in "excess of its authority" by recommending the break-up of
Amtrak as a national system, when it was legally mandated to offer a plan for a
"restructured" national intercity passenger rail system.
-- Was structured in violation of the Constitutional requirement for separation
of powers since it performs a function that is "executive in nature"
because the Council, with eight of its 11 members appointed by Congress,
"finds" that Amtrak will not be operationally self-sufficient and that
finding begins a process where Amtrak must prepare a liquidation plan, and
Congress must act on an expedited schedule to approve changes to Amtrak or to
disapprove its liquidation. Additionally, after the ARC's finding a vote on
liquidation would occur through a joint resolution of Congress, and that would
violate the requirements of Article I of the Constitution in how legislation is
presented to the President.
"Congress has for good reason repeatedly voted to curb the funding and the
work of the ARC," said Sonny Hall, president of the TTD, the RLD's parent
organization. "But by flaunting the law, the ARC keeps muddying up what
should be a healthy national debate about passenger rail in this country. The
courts can now complete the job that Congress started - to reign in the ARC and
stop it from ignoring its congressional mandate."
The plaintiffs in the suit are the Rail Labor Division of the Transportation
Trades Department, AFL-CIO; the Brotherhood of Maintenance of Way Employes; The
Transport Workers Union of America: the Brotherhood of Locomotive Engineers; the
Transportation-Communications International Union; the International Association
of Machinists and Aerospace Workers; the Brotherhood of Railroad Signalmen; the
National Conference of Firemen and Oilers, SEIU; the International Brotherhood
of Electrical Workers; the Sheet Metal Workers International Association; the
International Brotherhood of Boilermakers; the Hotel Employees and Restaurant
Employees International Union; and the American Train Dispatchers Department,
BLE.
The RLD is a division of the Transportation Trades Department, AFL-CIO, whose 34
member unions represent several million workers in the aviation, rail, transit,
trucking, highway, longshore, maritime and related industries. For more
information, see http://www.ttd.org.