Rail workers opt out of several government programs when they sign on with the railroad companies.
Among them is Social Security.
You don't qualify for benefits under railroad retirement until 10 years of service minimum and if you leave before that, you obviously don't have any social security credits for that time frame.
Sick days and on call times are also "special" the more you dig into it.
While technically covered by FMLA, most rail companies force employees to go to court to get covered under it after the fact.
tl;dr, it's a real fucking mess.
More to the point, in this entire contract renegotiation, the union bosses, rail companies, and Biden administration were working in lockstep to shove the Biden contract down everyone's throats by fucking with the voting systems in the unions, hiding rules, refusing to release contract details until after they voted on it, etc.
The vote fraud alone should be a reason for Republicans to be demanding a yes vote on this followed by a special investigation into the Biden administration's meddling in union voting processes.
This is the full text of the bill. It was literally a clean resolution:
(1) Amend section 1—
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following:
“(b) Paid Sick Leave.—
“(1) IN GENERAL.—Any tentative agreements, side letters, or local carrier agreements entered into by the parties and ratified before the date of enactment of this joint resolution and the tentative agreements, side letters, and local carrier agreements made binding by subsection (a) shall, beginning 60 days after the date of enactment of this joint resolution, provide—
“(A) for 7 days of paid sick leave annually, except that nothing in this subparagraph shall supersede any existing labor agreement between such parties that provides for more than 7 days of paid sick leave annually; and
“(B) that the use of any 7 days of paid sick leave annually, regardless of whether such days are provided under a tentative agreement, side letter, or local carrier agreement or under an existing labor agreement described in subparagraph (A), will not result in any points, demerits, or disciplinary citations under any party's attendance policy.
“(2) EFFECT.—The modification referenced in paragraph (1) shall each have the same effect as though arrived at by agreement of such parties under the Railway Labor Act (45 U.S.C. 151 et seq.).”.
(2) Redesignate section 2 as section 3.
(3) After section 1, insert the following:
“SEC. 2. NEGOTIATIONS AND ARBITRATION.
“(a) Negotiations.—The parties to the disputes subject to Presidential Emergency Board No. 250, established pursuant to Executive Order 14077 of July 15, 2022, shall negotiate the implementation of the 7 days of paid sick leave imposed on such parties by section 1(b).
“(b) Binding Arbitration.—If, after 30 days after the date of enactment of this joint resolution, the parties are not able to reach agreement on the matter described in subsection (a), such parties shall enter into binding arbitration on such matter to provide for a final resolution of such unresolved matter.
“(c) Arbitration.—The arbitration described in subsection (b) shall be conducted pursuant to the provisions of section 7 of the Railway Labor Act (45 U.S.C. 157), and any award shall be enforceable under section 9 of the Railway Labor Act (45 U.S.C. 159), except that, in the public interest, compensation and expenses of the arbitrators shall be borne equally by the parties.
“(d) Deadline.—Not later than 60 days after the date of enactment of this joint resolution, any binding arbitration proceeding entered into pursuant to subsection (b) shall be completed, including issuance of any award by the arbitration board.”.
Passed the House of Representatives November 30, 2022.
Rail workers opt out of several government programs when they sign on with the railroad companies.
Among them is Social Security.
You don't qualify for benefits under railroad retirement until 10 years of service minimum and if you leave before that, you obviously don't have any social security credits for that time frame.
Sick days and on call times are also "special" the more you dig into it.
While technically covered by FMLA, most rail companies force employees to go to court to get covered under it after the fact.
tl;dr, it's a real fucking mess.
More to the point, in this entire contract renegotiation, the union bosses, rail companies, and Biden administration were working in lockstep to shove the Biden contract down everyone's throats by fucking with the voting systems in the unions, hiding rules, refusing to release contract details until after they voted on it, etc.
The vote fraud alone should be a reason for Republicans to be demanding a yes vote on this followed by a special investigation into the Biden administration's meddling in union voting processes.
Thanks.
Oh, almost forgot:
This is the full text of the bill. It was literally a clean resolution:
(1) Amend section 1—
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following:
“(b) Paid Sick Leave.—
“(1) IN GENERAL.—Any tentative agreements, side letters, or local carrier agreements entered into by the parties and ratified before the date of enactment of this joint resolution and the tentative agreements, side letters, and local carrier agreements made binding by subsection (a) shall, beginning 60 days after the date of enactment of this joint resolution, provide—
“(A) for 7 days of paid sick leave annually, except that nothing in this subparagraph shall supersede any existing labor agreement between such parties that provides for more than 7 days of paid sick leave annually; and
“(B) that the use of any 7 days of paid sick leave annually, regardless of whether such days are provided under a tentative agreement, side letter, or local carrier agreement or under an existing labor agreement described in subparagraph (A), will not result in any points, demerits, or disciplinary citations under any party's attendance policy.
“(2) EFFECT.—The modification referenced in paragraph (1) shall each have the same effect as though arrived at by agreement of such parties under the Railway Labor Act (45 U.S.C. 151 et seq.).”.
(2) Redesignate section 2 as section 3.
(3) After section 1, insert the following:
“SEC. 2. NEGOTIATIONS AND ARBITRATION.
“(a) Negotiations.—The parties to the disputes subject to Presidential Emergency Board No. 250, established pursuant to Executive Order 14077 of July 15, 2022, shall negotiate the implementation of the 7 days of paid sick leave imposed on such parties by section 1(b).
“(b) Binding Arbitration.—If, after 30 days after the date of enactment of this joint resolution, the parties are not able to reach agreement on the matter described in subsection (a), such parties shall enter into binding arbitration on such matter to provide for a final resolution of such unresolved matter.
“(c) Arbitration.—The arbitration described in subsection (b) shall be conducted pursuant to the provisions of section 7 of the Railway Labor Act (45 U.S.C. 157), and any award shall be enforceable under section 9 of the Railway Labor Act (45 U.S.C. 159), except that, in the public interest, compensation and expenses of the arbitrators shall be borne equally by the parties.
“(d) Deadline.—Not later than 60 days after the date of enactment of this joint resolution, any binding arbitration proceeding entered into pursuant to subsection (b) shall be completed, including issuance of any award by the arbitration board.”.
Passed the House of Representatives November 30, 2022.
Attest: