AAR: House Action Would Undermine Collective Bargaining, White House Recommendations

© Shutterstock

The Association of American Railroads (AAR) warned Tuesday that actions by the U.S. House of Representatives to take up new legislation regarding railroad worker contracts instead of approving agreements already approved by a majority of rail unions would have a damaging effect on future collective bargaining agreements.

AAR President and CEO Ian Jefferies said the announcement by U.S. Speaker of the House Nancy Pelosi (D-CA) would also undermine future recommendations from the White House.

“Just last night, President Biden spoke clearly on the appropriate need for Congress to implement the agreements already ratified by eight of the twelve unions, which represent a clear pattern. Doing so was never anti-worker, in fact, it would reward all rail workers with historic deals – particularly those who already ratified – as well as the millions of workers across the economy who would suffer from a rail strike.”

On Tuesday, Pelosi issued a statement saying the House will consider strike-averting legislation to adopt the tentative agreement negotiated by railroad companies and labor leaders and ratified by eight of the 12 railroad unions. The House would then have a separate up-or-down vote, she said, on whether to add seven days of paid sick leave to the agreement.

“After hearing from our Members, we are in agreement that a nationwide rail strike must be prevented – and that more must be done to secure the paid sick leave that hard-working railroaders deserve,” Pelosi wrote. “It is my hope that we will have a strong, bipartisan vote to support our legislation – which will give America’s families and businesses confidence in our economy this holiday season.”

Jeffries said the additional vote on adding sick days to the contract would undermine the collective bargaining process.

“Now, after the Speaker stated publicly this is the most prudent path, the House is considering a new measure to the equation based on the wholly false premise that rail employees do not get paid sick leave,” he said. “The ramifications of approving such a measure would disincentivize future voluntary agreements for freight railroads, Amtrak and airlines if a party in bargaining believes it can obtain a better deal from Congress than it could through good faith negotiations and the statutory PEB process under the Railway Labor Act. This ignores over 100 years of precedent and clearly usurps longstanding bargaining procedures.”

He said that the current agreement provides every union with some form of paid sick leave, the terms of which are negotiated through collective bargaining. Additionally, the Presidential Emergency Board took concerns about paid sick leave into account when they released the recommendation on which the tentative agreements are based.

Congress has until 11:59 p.m., Dec. 8, to act to avoid a railroad work stoppage, which officials estimate could cost the American economy up to $2 billion per day.

“Now is not the time for Congress to put its thumb on the scale and selectively add to labor contracts, including agreements already ratified by employees, created through a multi-year process,” Jeffries said. “It is in direct conflict with the President’s statement, and the Speaker and Congress must think of the long-term implications of such actions. A vote for terms above and beyond those recommended by the PEB, agreed to at the bargaining table, and ratified by a majority of the unions and voting employees would upend the time-tested bargaining process in rail and other industries.”