(The following article appeared on the Daily Labor Report website on November 29.)
WASHINGTON, D.C. — President Bush has issued an executive order establishing a presidential emergency board to investigate a collective bargaining dispute between Amtrak and eight unions, preventing any potential strikes for 60 days, the White House announced Nov. 28.
The PEB becomes effective 12:01 a.m. Dec. 1 and delays any possible strike action by the eight unions. The unions represent approximately 7,500 Amtrak workers who have been working without a new contract since negotiations began in January 2000. Under the Railway Labor Act, contracts become amendable but do not expire.
The unions, after negotiating with Amtrak for almost eight years, rejected arbitration by the National Mediation Board in October (208 DLR A-10,10/29/07). On Oct. 31 the NMB released the parties from mediation, begining a 30-day cooling off period that was set to expire Dec. 1 (213 DLR A-13, 11/5/07).
Unions negotiating as an informal coalition include the Transportation Communications Union, representing the American Railway and Airway Supervisors Association maintenance of way and maintenance of equipment workers; Transportation Workers Union, representing carmen jointly with TCU; International Association of Machinists; and International Brotherhood of Electrical Workers.
About 2,500 additional workers are represented by the Passenger Rail Labor Bargaining Coalition, a coalition that includes the Brotherhood of Maintenance of Way Employes, which is affiliated with the Teamsters Rail Conference; the Brotherhood of Railroad Signalmen; the National Conference of Firemen and Oilers; and the American Train Dispatchers Association. Under the executive order, the five-member PEB will study the labor dispute for 30 days and report back to the president with recommendations for resolving the dispute, but those recommendations do not bind either party.
After the PEB reports to the president, the parties have a 30-day cooling off period to consider the recommendations. If no agreement is reached by the end of the cooling off period, the unions can strike or the company may begin locking out workers or imposing new employment terms.
The unions and Amtrak met for a final negotiation session in late November, but no movement was made toward an agreement, IAM officials said in a Nov. 27 statement. “Sticking points continue to be retroactive wages, employee health care contributions and work rule changes,” IAM said.
Bill Bohne, IBEW railroad department director, told BNA Nov. 28 that the PEB was expected by the unions, and he is “hopeful it will lead to a resolution of our eight-year dispute.”
“It is hard to say at this point whether or not the PEB is a positive step, but we are hoping for a good recommendation from the PEB,” Bohne said.
The unions negotiating as an informal coalition with IBEW, including TCU, TWU, and IAM all took strike votes, “in order to be prepared had a PEB not been established,” Bohne said. “Members have voted overwhelmingly to authorize a strike,” Bohne said.
In a Nov. 28 statement on behalf of the Passenger Rail Labor Bargaining Coalition, W. Dan Pickett, president of the Brotherhood of Railroad Signalmen, said that the coalition looks “forward to a resolution that recognizes the contributions of hardworking employees ofAmtrak.”
The Passenger Rail Labor Bargaining Coalition said that they will work with IBEW, TCU, TWU, and IAM to present a “coordinated position to the Presidential
Emergency Board in an effort to obtain a recommendation of a fair and equitable settlement,” Pickett said.
Representatives for Amtrak were not immediately available for comment.