by James Parks, Nov 29, 2007

Just a few days before Amtrak workers could strike for a fair contract, President Bush intervened and issued an executive order establishing a Presidential Emergency Board (PEB) to investigate failed contract talks between the nation’s passenger railroad and eight unions.

The order prevents any potential strikes by Amtrak’s 7,500 union employees for 60 days. Several of the unions had taken strike votes.  

The PEB becomes effective 12:01 a.m. Dec. 1. The railroad’s union employees have been working without a new contract since negotiations began in January 2000. Under the Railway Labor Act, contracts do not expire.

The unions rejected arbitration by the National Mediation Board (NMB) in October. On Oct. 31, the NMB released the parties from mediation, beginning a 30-day cooling-off period that was set to expire Dec. 1.

 The PEB has 30 days to investigate the dispute and issue nonbinding recommendations for settlement. After the PEB reports to Bush, both sides have a 30-day cooling-off period to consider its recommendations. If no agreement is reached, the parties will be free to engage in “self-help” at the end of the second cooling-off period—that is, the company can then lock out workers or impose employment terms, and the union is free to strike unless Congress takes action to impose its own contract settlement on the parties.  

Transportation Communications Union/IAM President Robert Scardelletti says the issues are clear:

It’s really a very straightforward case: Amtrak workers should be treated like the professional rail workers they are and rewarded for the excellent service they provide in the face of enormous obstacles.

Joe Duncan, district director for the Machinists, says the unions expected Bush to issue a PEB and that they are ready for it.

Amtrak dragged its feet for eight years while our members worked without general wage increases. It’s about time the process started moving forward. 

Bill Bohne, the Electrical Workers railroad department director, told the Daily Labor Report (subscription required) that he is hopeful the PEB will lead to a resolution of the long 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.

In addition to IAM, IBEW and TCU, the other unions at the table include Railroad Signalmen; Transport Workers; Brotherhood of Maintenance of Way Employes, an affiliate of the Teamsters; National Conference of Firemen and Oilers; and American Train Dispatchers Association.

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