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handle is hein.crs/govejom0001 and id is 1 raw text is: Congjressional                                                   ____
~ ~Research Service
Legislation to Avert Railroad Strike Advances
Updated December 1, 2022
On November 30, 2022, the House passed two bills intended to resolve a labor dispute affecting over
100,000 employees of six major freight railroads and many smaller ones. This dispute could result in
widespread work stoppages as early as December 9. The first bill, H.J.Res. 100, would avert a stoppage
by imposing the terms of a tentative agreement reached in September but that was rejected by some
unions. The second, H.Con.Res. 119, would amend the enrolled text of H.J.Res. 100 to provide workers
seven paid sick days per year. The Senate could pass both House bills, pass just the bill averting a strike,
or propose alternative legislation.
Negotiations have occurred against a backdrop of declining railroad employment, a trend that began well
in advance of the Coronavirus Disease 2019 (COVID-19) pandemic. Since November 2018, railroad
employment has shrunk by some 40,000 jobs, or by over 20%, according to the Bureau of Labor
Statistics. Some of these job losses can be attributed to the decline in the transportation of coal, while
others may have been due to new approaches to staffing and asset use within the rail industry.
Overview of Rail Labor Law
Labor disputes in the railway and airline industries are governed by the Railway Labor Act (RLA), which
created the National Mediation Board (NMB) to facilitate negotiations. If a dispute is not settled through
RLA-prescribed negotiation, mediation, or arbitration, and if the NMB determines that the dispute
threatens substantially to interrupt interstate commerce to a degree such as to deprive any section of the
country of essential transportation service, the law authorizes the President to establish an Emergency
Board to investigate and issue a report. The Presidential Emergency Board's recommendations are not
binding on the parties, and either party may reject them.
The current negotiations began in November 2019 between a coalition of labor unions and several
railroads. An Emergency Board appointed by President Biden issued its recommendations in August
2022; since then, the parties have been in cooling-off' periods during which no action may be taken that
would result in a work stoppage. The two sides reached a tentative agreement on September 15, averting a
strike that could have begun the following day, but the agreement requires ratification by union members
to take effect.
Congressional Research Service
https://crsreports.congress.gov
IN11966
CRS INSIGHT
Prepared for Members and
Committees of Congress

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