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Freight Railroads Voluntarily Withdraw Request for Mediation Release; NCCC Cites Congressional Letter, Legal Dispute


WASHINGTON February 14, 2006 The National Carriers Conference Committee (NCCC) said today it has voluntarily withdrawn requests to the National Mediation Board (NMB) that the freight railroads be released from mediation with a seven-union coalition, citing concerns that a legal dispute with another union on a key bargaining issue needed to be resolved first.

Congressman Don Young (R-AK), chairman of the House Committee on Transportation and Infrastructure, had written the NMB on Jan. 23, urging the Board to consider whether it would be appropriate to release the parties from mediation before the courts have resolved litigation between the NCCC and the United Transportation Union (UTU) regarding bargaining on crew staffing.

In a Feb. 13 letter to the NMB, Robert F. Allen, chairman of the National Railway Labor Conference (NRLC), said he is confident the railroads will prevail in the UTU litigation pending in U.S. District Court in East St. Louis, IL. However, Allen said, Chairman Youngs concerns and admonitions must be given serious consideration.

As a result, the railroads decided the most practical and reasonable approach would be to address these matters concurrently with both organizations, referring to the union coalition and the UTU, the letter read.

While awaiting the federal courts decision on the UTU matter, the NCCC will continue mediation with both the coalition and the UTU. The key matters at issue this round with the UTU will also affect the Brotherhood of Locomotive Engineers and Trainmen (BLET), a member of the union coalition, Allen said.

The railroads are seeking to modernize certain train staffing and work rules in order to have the flexibility they need to deploy new technology that will make the nations rail system even safer, in part by reducing accidents caused by human error, the most common cause of train accidents. The new train control technology will meet all of the safety requirements of the Federal Railroad Administration.

Allen noted that the NCCC has been in intensive negotiations under the Boards mediatory auspices with both the UTU and the Rail Labor Bargaining Coalition, made up of seven unions led by the Teamsters union, but continue to encounter significant obstacles in our pursuit of a voluntary agreement.

Last December, the NCCC asked the Board to release the freight railroads from mediation with the Teamsters coalition, citing no discernible progress toward reaching voluntary agreements, while continuing to negotiate with the UTU. At that time, Allen said the railroads welcomed the opportunity to continue negotiations even though vast differences remain between us on virtually every major issue, because the railroads remain committed to reaching voluntary agreements with all the unions.

The NCCC had filed applications with the NMB on June 10 for mediation with the Teamsters Rail Labor Bargaining Coalition, whose seven members include the BLET and the Brotherhood of Maintenance of Way Employes.

The railroads also are continuing direct negotiations with four other rail unions.

Joanna Moorhead
National Railway Labor Conference
(202) 862-7257

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