BLET 2005 Legislative Priorities
Amtrak Funding:
Full funding for Amtrak is essential to have a viable rail passenger system. The solution to Amtrak’s problems is not to privatize or break it up, but for Amtrak to treat its workers fairly and for the federal government to adopt a realistic funding strategy for the long-run. The annual practice of giving Amtrak just enough to get by does little for workers or the long-term viability of passenger rail.
13(c):
S. 1072 reduces the protective period for displaced or
dismissed workers from 6 to 4 years. It further states that an arrangement
under Section 13(c) shall not guarantee continuation of employment as a result
of a change in private contractors through competitive bidding unless required
under existing collective bargaining agreements, through the continuation of
collective bargaining rights, or through assurances of employment of employees
of mass transit systems.
The BLET feels that 13(c) provisions must be kept at the current levels.
Asbestos: The Asbestos Trust fund which is being negotiated preempts FELA for asbestos claims. Railroad workers will be compensated only by the fund created in the bill and could not file FELA claims, while non-railroad workers could still file workers’ compensation claims even if they receive awards from the fund. Rail labor is meeting with members of Congress and representatives of the rail carriers to get a satisfactory agreement worked out. However, it has been an uphill battle with the railroads putting qualifications on provisions that rail labor has suggested.
Rail labor is asking that management sit down and agree upon a matrix of benefits and eligibility standards for asbestos injuries that would otherwise be covered by FELA, and administrations of those standards and benefits are handled the same as others created under the proposed bill. The simple standard is to make the benefit equal to the amount that the injured rail worker would have received under FELA. However, management’s proposal would provide railroad workers sickened or injured by asbestos with almost nothing to replace their preempted FELA claims. It would deny rail workers the benefits they get under FELA.
Funding must continue at current levels or increase in order to insure that safety needs are met. FRA and NTSB budget should be met or increased on demand.
In its FY2005 budget, the Bush Administration allocated just $102.6 million for RRB operations, even though the Board had requested $110.66 million. The Board has been underfunded for years. Our members rely on the services of the Branch offices which are understaffed.
The Federal Employers Liability Act was passed by Congress in 1908, for the purpose of providing compensation to railroad employees who are injured on the job. It enables injured employees to bring claims directly against their employers where it can be shown that it was the railroad's negligence that caused the injury. Rail labor sees management’s Asbestos proposal as the first step to the elimination of FELA entirely. Several bills have circulated in the past which would accomplish this goal. The BLET, along with rail labor, has been fighting to keep FELA for rail employees.
Railroad security is an important and largely unresolved issue. The BLET feels that any bill dealing with railroad security must address the issues that follow: remote control; whistle blower protections; infrastructure improvements; rules covering open switches on non-signaled track; increasing the number of railroad police; access to passenger and freight yards; nuclear waste shipments; public access to equipment and train movements; and train car integrity. Also increased funding will be necessary to ensure safety.
Remote Control:
A comprehensive rulemaking is needed to ensure the safety of this technology. As it is currently implemented, it puts the lives of our members and the general public in danger. The BLET has petitioned the FRA, but our requests have fallen on deaf ears.