and Republican Charles D. Nottingham stepped from the chairmanship into a regular board member’s role; his term continues through 2010.

Some Washington observers had predicted Obama would tap an outsider to chair the agency. They linked Mulvey’s interim role to displeasure voiced by Democratic

 

ELLIOTT’S NOMINATION

UNDERSCORES THE CLOUT OF

THE UTU, WHICH REPRESENTS

SOME 125,000 ACTIVE AND

RETIRED TRAIN CONDUCTORS

AND OTHER RAIL AND

TRANSPORTATION WORKERS.

Sen. Richard Durbin and others in the Illinois congressional delegation, after the STB in December allowed Canadian National Railway to buy a Chicago-area short line. Many suburbs had fought the deal, fearing disruption from increased train traffic.

Meanwhile, Sen. Jay Rockefeller, D-W.Va., chairman of the Commerce, Science and Transportation Committee, has been working on a bill that could remake the STB. Shippers have complained that regulators have let railroads avoid competing with each other, thereby pushing up rates on “captive” traffic.

Rockefeller’s staff has been negotiating in secret for months with shippers, railroads and unions. Sources say the committee could get a bill by early August that might expand the STB’s board size, staff and funding, and change its mandate.

Elliott could play a major role in the restructuring of the STB. Shippers expect to get along well with him, because labor and shippers have often sided with each other against railroads in regulatory cases or in Congress. JOC

 

Contact John D. Boyd at jboyd@joc.com.

By John D. Boyd

WHO WILL PAY
FOR TIME LIMITS?

Railroads, unions debate pay levels
as new hours-of-service requirement nears

WILL SHORTER WORK assignments equate to the same pay for unionized rail workers? A federal court has been asked to decide.

The five Class I freight carriers want a federal court to help resolve differences with their unions as the railroads seek new pay limits for federal hours-of-service rules that take effect on July 16.

The Rail Safety Improvement Act, which was passed in October in the wake of a deadly commuter and freight train crash in California, included new limits on rail workers’ hours of service to help fight fatigue.

Railroads say the pending rules will limit the work assignments of some locomotive conductors and engineers.

Because the pay of train crews under labor contracts is tied to length of assignments, the carriers want to reduce contracted pay levels to avoid paying out the same money for fewer hours worked. Unions have resisted, saying the railroads are trying to make workers pay the costs of complying with new hours-of-service rules.

On June 29, the major freight carriers filed a complaint in Fort Worth, Texas, against the United Transportation Union, which represents train conductors and other workers, and against the Brotherhood of Locomotive Engineers.

The carriers and unions have been

discussing the scheduled changes, but the railroads say the unions have not negotiated the pay changes the carriers want, and “have refused to agree to arbitration” of the disputes.

“The carriers contend they are under
no obligation, under the (labor
contract) agreements, to
increase pay to ensure that
such employees continue
to receive the same
total compensation
despite working less
than prior to the
implementation of
the RSIA changes,”
the railroads said in
their court filing.
The railroads
asked the court to find
that the unions must
negotiate the hours-
related disputes, and send
any unresolved disputes on
July 16 to arbitration.

The unions are preparing a formal response. UTU International President Malcolm Futhey said in a statement on the union’s Web site the lawsuit is “the carriers’ attempt to put the entire burden of the new hours-of-service limitations on the backs and pocketbooks of their employees.” JOC

 

Contact John D. Boyd at jboyd@joc.com.

For more coverage, see

“Hours Rule Change Pits Railroads Against Unions,” http://www.joc.com/node/412203.

References:

mailto:jboyd@joc.com

mailto:jboyd@joc.com

http://www.joc.com/node/412203

http://www.joc.com

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