The Linda Morgan Story - Why the UTU supported her at STB

The Linda Morgan Story

Why the UTU supported her at STB

By James Brunkenhoefer
UTU National Legislative Director

The Linda Morgan story does not start with her confirmation by the Senate last month. To fully understand what happened, you have to go back to 1984 when Heather Gradison was appointed by Ronald Reagan to the position that Ms. Morgan now holds – chairperson of the Surface Transportation Board (STB), which was then called the Interstate Commerce Commission (ICC).

Shortly after taking over the ICC, Chairperson Gradison began interpreting the Staggers Rail Act, which had been passed in 1980. In most areas, the slate was blank so her decisions set precedent. In law, precedent cannot be easily swept away. Rail Labor constantly challenged her decisions. The history of those challenges reflect a long record of judicial losses, some at the Court of Appeals and some at the Supreme Court.

Ms. Gradison’s first painful decisions involved the failure to grant labor protections in short-line railroad cases. These decisions were economically devastating to literally thousands of our members, who lost their jobs with no labor protection. After they lost their jobs, they lost their houses, their health care, etc. The UTU joined a coalition of rail labor unions to attempt to get legislation passed which would have corrected the situation. We demanded a return to the six-year labor protection that had been provided in the pre-Gradision days.

Every effort on the part of rail labor ran into a legislative wall because Senator John Danforth (R-Mo.) stood steadfast against our efforts. He was chairman of the very powerful Senate Commerce Committee, which has jurisdiction in this area. Congressman John Dingell (D-Mich.) was successful in moving legislation through the House but, against the opposition of Danforth and a veto threat from both Presidents Reagan and Bush, this situation remains essentially unchanged today.

But, of course, there is always the story of the one that got away. In September 1994, Nebraska State Director Ray Lineweber worked closely with Senator Jim Exon (D-Neb.) to get some type of labor protection in place of no labor protection at all. Senator Exon had set the stage for rail labor to get an improvement, but it would have been short of the standard six year New York Dock labor protection. UTU has always believed that something is a lot better than nothing. Unfortunately, that appears to be a minority view in rail labor.

In September 1994, Senator Exon pitched his proposal to rail labor. Everyone in the room knew that the elections in 1994 were not going to go well for the Democrats, but we obviously did not know how bad it was going to be. We knew at that time that we had a Democratic President, House and Senate. Even at that, we still did not have enough votes to get the six-years of New York Dock labor protection legislation passed. If we were going to get something, it had to happen then or it would be years later before the attempt could be made again. UTU suggested accepting the offer so that our members would no longer be left with nothing and we could improve on it later. After much heated debate, the UTU lost. Rail labor sent back a message to Senator Exon that it demanded a minimum of six-years New York Dock labor protection on every transaction. Given that edict, the alternative was nothing at all. As you are aware, we got nothing. The only improvement in this area was accomplished at the bargaining table when President Little gained a vital concession from the carriers.

We cannot understand those that would prefer to starve because they cannot have the entire loaf. How does this benefit their members? When I left the room that day, I called our Cleveland headquarters with a very sad report. I added that I thought it would be years, if ever, before we would have another opportunity to make these gains for our members. It is most unfortunate that history proved me right.

Much of this story parallels what has happened in what is called the merger procedures, or "cram down." That is the method that the carriers use to make significant changes to collective bargaining agreements at the time of mergers. Once again, this started under the leadership of Heather Gradison and, once again, she was writing precedent on a blank slate. That Precedent was challenged in the courts and was upheld.

The jurisdiction in the Senate over the STB and its predecessor, the ICC, resides in the Senate Commerce Committee. Senator Fritz Hollings (D-S.C.) is the most influential Democrat on that committee and also is the highest in seniority. Senator Hollings is either the chairman or the ranking minority member of that committee, depending on which party is in power. Anything that the UTU wants, and hopes to accomplish, must first have the approval of this powerful and influential Senator. Even with Senator Hollings’ approval, there are currently only 45 Democratic votes in the Senate. In order to have the hope of passing legislation, it is necessary to also round up a half-dozen or more Republican Senators. The math is really simple.

Right after President Clinton took office, Senator Hollings offered the name of a member of his staff, Linda Morgan, for a position on the ICC. Later, with Senator Hollings’ help, the White House nominated Ms. Morgan for Chairman of the ICC. Obviously, UTU and rail labor have not been happy with most of the decisions that come from this agency. We want better and we deserve better. But one has to deal with reality.

After analyzing the situation at the STB, it became obvious what most of the other unions were doing. They were shouting, "no" to any transaction filed at the STB. They issued press releases, got out their bullhorns, made signs and held marches, and lost every time. But in spite of losing every time, they did not change tactics, they kept doing the same thing and getting the same result: Nothing.

UTU recognized the reality of the situation and, instead of joining our brothers and sisters in defeat, laid out a strategy that, through negotiations with the merging carriers, assured that UTU members got more out of the transactions than all others in rail labor, every time.

UTU began to observe a slow but steady improvement in labor positions at the STB. The STB was moving slowly, one step at a time. The STB was moving towards bringing back balance in their decisions concerning labor. That left UTU with two choices: to patiently watch the decisions coming from the STB and to move towards a legislative correction that would need the approval of Senator Hollings, or to join with others in rail labor who wanted to oppose Linda Morgan. In order to get legislative improvement, timing was critical. Others in rail labor demanded an immediate change at the STB. The STB, however, did not grant rail labor's attacked chairperson of the STB, Linda Morgan. She was vilified and demonized. Others in Rail Labor even attacked Senator Hollings because of his continued support of his former staff member.

Remember, this is the same Senator who has the key to all legislative changes. One rail labor organization personally attacked the Vice President of the United States, Al Gore, and called him a liar. Two unions even went so far as to oppose the endorsement of Al Gore for President by the AFL-CIO. This is sure to help George W. Bush, not Rail Labor. These unions who opposed the AFL-CIO on this issue are the same ones who criticize your union when it does not agree with the AFL-CIO.

I fail to understand the benefit of publicly and personally attacking these people. There are numerous issues that will arise between now and the next election. We will be calling on these people for assistance. I understand the importance of opposing the "cram down" situation, but that is not the only issue on your union's agenda.

Others in Rail Labor developed the strategy to either get Linda Morgan to change her position, even if that position had won in the courts, or to hold her re-appointment hostage. Many allegations were made about Chairperson Morgan's record at the STB. Unfortunately for the others in rail labor, these allegations did not appear to reflect reality.

In late August, President Clinton sent Linda Morgan's name to the Senate for re-appointment as Chairperson of the STB. Others in rail labor made their arguments and allegations to the members of the Senate and had her nomination held up.

Senate officials started their own independent review of her record, but it would appear by the recent confirmation vote of the Senate that, once again, rhetoric did not match fact.

Even if the others in rail labor had succeeded in bringing down Linda Morgan, what would have been the result? That would not have changed "cram down" because every labor vote, and I repeat, every vote, at the STB has been unanimous. Even if there were a new Chairperson, rail labor would still be short one vote. Again, the math is really simple.

With time running out on the Clinton Administration, it is doubtful that another appointment to the STB would be made during this Administration. And if Morgan’s position had become vacant, did anyone really believe that a Senate, led by Trent Lott, would have confirmed someone who would be openly pro-labor? This time, the logic is really simple.

UTU believes today, and has believed throughout this process, that the best strategy was to support Linda Morgan and hope that she continues the step-by-step improvements, decision by decision, at the STB. We believe that this is the method that will be supported by the courts and will result in real change, not in hollow victories.

UTU also believes that the surest way to make change is legislatively. That is why UTU Idaho State Legislative Director Dale Wheeler talked to Senator Mike Crapo (R-Idaho) about introducing S. 1590, which would make the changes necessary to do away with "cramdown."

Remember, the Republicans have a majority and if we want to be successful we will need Republican support for our efforts.

UTU also believes that, in order to make legislative changes, it will also be necessary to get a solid Democratic support for S. 1590. And it is impossible to gain that support without the support of Linda Morgan’s chief supporter, Senator Fritz Hollings.

UTU is not interested in meaningless rallies and marches. We will not use the UTU website or the UTU News to make statements against appointees of President Clinton. UTU is interested in making real improvements in our member's lives. It would have been easier to agree with the others in rail labor throughout this process. I can assure you that we would have been much more popular. But given a choice of having other union leaders speak nicely about us, or winning improvements for you, we chose the improvements.

In this whole process there has been a great deal of misunderstanding and distortion of the facts. But one has to analyze the strategy of others. Did they win? Were they successful? Did the lives of the members of the other rail labor organizations improve through the actions of their leadership?

You be the judge.