2022: Fitzpatrick Voted For A Settlement Of The Railroad
Labor-Management Dispute Between Railroads And Rail Workers' Labor
Unions, Which Prevented Labor Unions From Striking And Prevented Rail
Companies From Taking Unilateral Actions. In November 2022, according
to Congressional Quarterly, Fitzpatrick voted for a joint resolution
that would "make binding the Sept. 15, 2022, tentative agreement to
provide for settlement of the railroad labor-management dispute between
railroads represented by the National Carriers' Conference Committee and
their employees represented by labor unions --- thereby preventing the
unions from striking or the companies from taking unilateral actions. It
would specifically make binding the most recent tentative agreements,
side letters and local carrier agreements entered into by the parties,
including agreements that previously failed ratification. It would
specify that the parties may still enter into a mutual written agreement
to terms and conditions different from those in the tentative agreement,
or to implement the tentative agreement." The vote was on passage. The
House passed the joint resolution by a vote of 290-137, thus the
resolution was sent to the Senate. The Senate passed the resolution and
sent it to President Biden for final signage. The resolution was
promptly signed into law. [House Vote 490,
11/30/22; Congressional
Quarterly, 11/30/22;
Congressional Actions, H.J. Res.
100]
The Resolution Set In Place The Rail Labor Agreement Set By The
White House, Railroads And Labor Unions In September 2022 Without
Additional Sick Leave For Workers. According to Congressional
Quarterly, "The Senate passed a resolution Thursday that would put
in place the rail labor agreement reached by the White House,
railroads and labor unions in September, but rejected a separate
measure to provide an additional seven days of sick leave to
workers." [Congressional Quarterly,
12/1/22]
The Resolution Enacted Contract Agreement Provisions, Including A
Large Wage Package And Enhanced Health Benefits. According to
Congressional Quarterly, "The Senate voted 80-15 to pass the labor
resolution (H J Res 100), which would enact contract agreement
provisions including one of the largest wage packages in nearly five
decades, according to its advocates, as well as increased health
benefits." [Congressional Quarterly,
12/1/22]
Congress Fast-Tracked Passage Of The Resolution Due To A Threat Of
A Rail Strike After Four Out Of 12 Labor Unions Refused To Ratify A
Labor Agreement Set By A Presidential Emergency Board. According
to Congressional Quarterly, "Congress has been racing against the
looming threat of a rail strike next week after four out of 12
unions declined to ratify a labor agreement crafted by a
Presidential Emergency Board." [Congressional Quarterly,
12/1/22]
Congress Needed To Pass The Labor Agreement Legislation By Friday,
December 2, 2022, In Order To Prevent The Rail Industry From Losing
Business Over The Weekend Due To A Labor Strike. According to
Congressional Quarterly, "Schumer granted the vote on extra
sick-leave provisions Thursday afternoon to build support for
passing the labor agreement legislation by the end of the day. If
the Senate hadn't approved the labor agreement by Friday, the rail
industry expected to lose business as soon as the weekend, since
industries that rely on rail shipping would likely pull out their
shipments in expectation of a strike." [Congressional Quarterly,
12/1/22]
The Labor Agreement Resolution Was A Win For Railroads And
Industries That Rely On Rail, Preventing A Rail Stoppage That Could
Have Cost The U.S. Economy An Estimated $2 Billion Per Day While
Delaying Supply Chains. According to Congressional Quarterly, "The
now reigning agreement is a win for railroads, the industries that
rely on them and the American public, industry representatives say.
The Association of American Railroads estimated that a rail stoppage
could cost the U.S. economy $2 billion a day, as well as back up
key supply chains." [Congressional Quarterly,
12/1/22]
Labor Unions Who Were Advocating For Additional Sick Leave Called
The Labor Agreement A Greater Issue For The Rail Industry's Morale
Problem. According to Congressional Quarterly, "But unions
advocating for additional sick leave call the agreement's passage a
bigger problem for the railroad industry's morale problem."
[Congressional Quarterly,
12/1/22]
The Brotherhood Of Maintenance Of Way Employees Division Of The
International Brotherhood Of Teamsters: The Labor Agreement
Legislation Precluded Rail Workers From Going On Strike And Rail
Workers Are Instead "Jerked Around" By Attendance Policies, Bad
Scheduling, And Demands To Show Up To Work In A Moment's Notice.
According to Congressional Quarterly, "'It precludes us from going
on strike . . . but it doesn't build camaraderie and trust with
their workers,' said Clark Ballew, spokesperson for the Brotherhood
of Maintenance of Way Employees Division of the International
Brotherhood of Teamsters. 'Railroaders are tired. They get jerked
around by terrible attendance policies, awful scheduling, demands to
come in at a moment's notice because there's no one else to
respond.'" [Congressional Quarterly,
12/1/22]
Some Republicans Criticized Congressional Action On The Labor
Agreement Because It Set A Precedent In Governmental Interference
Over A Private Matter And Could Allow Lawmakers To Get Involved In
Future Collective Bargaining Agreements. According to
Congressional Quarterly, "The unions received unexpected support
from a handful of Republicans, including Sens. Ted Cruz of Texas,
and Marco Rubio of Florida, who criticized congressional action on
the agreement for the 'precedent' it would set. 'By now everyone
should realize nothing good happens when Congress gets involved in
issues best left to the private sector,' Rubio said. 'Congress
should have sent everyone back to the negotiating table, but instead
it told rail workers to suck it up and be grateful.' Sen. John
Cornyn, R-Texas, added that congressional action means lawmakers can
get involved in 'every collective bargaining agreement,' stressing
that it needs to be a 'last resort.'" [Congressional Quarterly,
12/1/22]
2022: Fitzpatrick Voted To Provide 7 Days Of Paid Sick Leave For
Railroad Workers Every Year. In November 2022, according to
Congressional Quarterly, Fitzpatrick voted for a concurrent resolution
that would "make an enrollment correction to add language to H J Res 100
to require any tentative agreement ratified before enactment of the
joint resolution or made binding by the joint resolution to provide for
seven days of paid sick leave for railroad employees each year, the use
of which may not result in penalties related to attendance. It would
require parties to the rail labor dispute --- railroads represented by
the National Carriers' Conference Committee and their employees
represented by labor organizations --- to negotiate implementation of
the sick leave policies within 30 days of enactment. If the parties fail
to meet the deadline, it would require them to enter into binding
arbitration to reach a resolution." The vote was on passage. The House
passed the resolution by a vote of 221-207, thus the resolution was sent
to the Senate. The Senate lacked a 60-vote majority and rejected the
concurrent resolution. [House Vote 491,
11/30/22; Congressional
Quarterly, 11/30/22;
Congressional Actions, H.Con. Res.
119;
Congressional Actions, H.J. Res.
100]
The Senate Rejected Providing An Additional 7 Days Of Paid Sick
Leave To Railroad Workers, Who Held Up The Bargaining Process And
Threatened To Go On Strike On December 9 Unless They Were Granted
The Additional Paid Sick Leave. According to Congressional
Quarterly, "The Senate passed a resolution Thursday that would put
in place the rail labor agreement reached by the White House,
railroads and labor unions in September, but rejected a separate
measure to provide an additional seven days of sick leave to
workers. The rejection of the sick leave resolution serves a blow to
rail union workers who held up the bargaining process and have
threatened to strike Dec. 9 unless they get the additional sick
leave. The passed resolution would prevent unions from striking by
imposing a contract agreement." [Congressional Quarterly,
12/1/22]
Without The Additional Sick Leave, Rail Workers Would Only Be
Provided One "Paid Personal Day" And Three Periods Off For Health
Care Visits Every Year, And Medical Visits Would Only Be Allowed
Between Tuesday Through Thursday And At Least One Month In
Advance. According to Congressional Quarterly, "Since the chamber
fell short of the 60 votes needed to approve the sick-leave measure
(H Con Res 119) --- the vote was 52-43 --- the rail workers will get
one 'paid personal day' and three periods off for medical care
visits annually. They will also be required to schedule the visits
only on a Tuesday, Wednesday or Thursday and at least 30 days in
advance." [Congressional Quarterly,
12/1/22]