(The following story by Tom Ramstack appeared on the Washington Times website on October 23.)
WASHINGTON, D.C. — Amtrak workers who have labored for the railroad for seven years without a contract are rejecting the idea of a federal mediator, starting a countdown toward a possible strike as early as January.
Four Amtrak unions last week rejected arbitration by the National Mediation Board. The other five unions participating in the negotiations have not decided whether to accept the arbitration offer as they approach a Thursday deadline.
The national passenger railroad employs about 18,500 workers. About 16,000 of them are represented by 13 unions and two labor councils.
Unless the unions accept arbitration by Thursday, the National Mediation Board is required by law to declare a 30-day cooling-off period. After that, the Bush administration can appoint a special Presidential Emergency Board that has another 30 days to recommend terms for resolving the dispute.
If either side rejects those recommendations, the unions are free to strike. After that, the only way out is for Congress to intervene with legislation that imposes a resolution on all parties to the dispute.
“We are under no illusion about the tough fight that lies ahead,” said Transportation Communications International Union President Robert A. Scardelletti in a letter to the roughly 6,000 Amtrak clerks and mechanical workers the union represents. “We know full well that a Presidential Emergency Board appointed by President Bush may be stacked with anti-union members. But at least now we have a chance to fight for the contract our members have so long deserved.”
The TCIU is preparing to poll its members on whether to strike but has not set a date.
The contract for Amtrak’s workers has been negotiated for seven years with no agreement. Amtrak has been paying its workers under terms of the contract that expired Jan. 1, 2000, including cost-of-living increases.
The negotiations reached an impasse last week, largely on the issue of back pay. The unions are demanding that Amtrak pay its workers the millions of dollars in wages they would have received under new contracts. Amtrak has refused, saying the back pay would exceed its budget.
“The costs would be prohibitive, amounting to some $215 million just for back pay and not addressing the wage increases management is proposing,” Amtrak spokesman Cliff Black said.
Other disputed issues include work rules and Amtrak’s desire to have employees help pay for their health insurance.
Mr. Black described the chance of a work stoppage as “minimal.”
Other unions that rejected arbitration are the Transportation Workers Union, the International Association of Machinists and Aerospace Workers and the International Brotherhood of Electrical Workers.
Four Amtrak unions recently joined to form the Passenger Rail Labor Bargaining Coalition in an attempt to gain more leverage in negotiations. Together, they represent about 2,500 Amtrak workers.
Amtrak filed a lawsuit against them last week in U.S. District Court for the District of Columbia to break up their coalition.
The lawsuit accuses the unions of violating the Railway Labor Act, which seeks to avoid strikes in the transportation industry by requiring bargaining, mediation and arbitration first. Amtrak said the law requires each union to bargain on behalf of its members only.
“Our action is taken to restore the rights of our employees because it is our view that this coalition dilutes the vote of each Amtrak employee who is represented by the unions in this coalition,” said Joseph M. Bress, Amtrak’s vice president of labor relations.