Amtrak Reform Council Elects Chairman

Bill to end "cram-down" introduced at UTU's urging Idaho Senator
seeks to end injustice in future railroad mergers

WASHINGTON - At the urging of the United Transportation Union (UTU), a Republican Senator from Idaho introduced an historic piece of legislation recently that would end the practice of "cram-down" following railroad mergers.

Senate Bill 1590, introduced by Sen. Mike Crapo (R-Idaho), would forbid the Surface Transportation Board (STB) from overriding or modifying collective bargaining agreements between railroads and their employees to complete future railroad mergers.

Crafted with the assistance of the UTU's legislative department, S. 1590, also known as The Surface Transportation Board Improvement Act, was introduced by Crapo for the purpose of "correcting an injustice for railroad workers, shippers" and others who have a contractual relationship with a railroad, he said.

In his introductory statement to the Senate, Crapo explained how legislation that was written in 1920 to exempt railroads involved in mergers from "inconsistent State and municipal regulations" is now used "to override contracts between railroads and their employees."

"This legislation deserves the support of all UTU members. It will remove the onerous procedures that have done so much damage to our members and their contracts," said National Legislative Director James Brunkenhoefer. "This law needs to be changed, and we will continue working to build support for this legislation under President Little's guidance."

UTU International President Charles L. Little said: "I hope that this gets the attention of the carriers and helps to solve the contractual problems related to mergers before Congress has to act."

Little thanked Sen. Crapo for introducing this legislation and praised the efforts of Idaho Legislative Director Dale Wheeler for his assistance in getting this legislation introduced before the Senate.

The legislation reads, in part: "The Board shall not, under any circumstances, have the authority under this subchapter to … break, modify, alter, override or abrogate, in whole or in part, any provision of any collective bargaining agreement or implementing agreement made between the rail carrier and an authorized representative of the employees of the rail carrier under the Railway Labor Act"."

In his introduction of the legislation, Crapo emphasized that this bill would retain the exemptions that were the "the primary goal of Congress in 1920," while barring the STB from making wholesale changes to privately negotiated collective bargaining agreements.

"Collective bargaining agreements go to the very essence of the labor relations process. They are the result of hard-fought deliberations between labor and management...(they) do not come lightly and they should be honored - not subject to change by a federal agency," he said.