President Biden Enacts Congressional Legislation Averting a National Rail Strike

-
BlogOn December 2, President Biden signed into law federal legislation narrowly preventing an impending rail labor strike set to officially take place on December 9.President Biden Enacts Congressional Legislation Averting a National Rail Strike
-
Blog
President Biden Enacts Congressional Legislation Averting a National Rail Strike
On December 2, President Biden signed into law federal legislation narrowly preventing an impending rail labor strike set to officially take place on December 9. Following years of stagnant and often stalled negotiations between organizations representing rail workers and railroad owners, serious concerns arose that a strike could happen at a time when the nation’s supply chain is already severely strained. Significant negative impacts were projected to ripple across the country as the result of a strike, including factors that could have limited the ability of America’s counties to serve our residents.
Averted in the short-term in September, the potential for worker stoppage has loomed heavily this week as the end of the “cooling off” period between railroads and organized labor nears on December 9, marking the day when workers could strike. On November 30, the U.S. House held a strongly bipartisan 290 to 137 vote to intervene in negotiations with the passage of H.J. Res. 100, a measure that will impose recommendations on the parties issued by the White House’s Presidential Emergency Board (PEB) in August.
While the recommendations are a result of negotiations between rail owners, labor unions and the Biden Administration, they were ultimately rejected by four of the twelve rail labor unions. Among other provisions, the PEB recommendations will increase worker pay by 24 percent over five years through 2024, with a 14 percent increase effective immediately, and provide for one day of paid sick leave to workers.
The amount of paid sick leave available to workers remains the major sticking point in negotiations as unions have sought up to fifteen days along with additional flexibility on when the days can be used. In response, the U.S. House additionally voted 221 to 207 to pass H. Con. Res. 190, an amendment to H.J. Res. 100 that would have provided seven paid sick days. Both pieces of legislation then advanced to the U.S. Senate, where they were considered on December 1.
On December 1, the U.S. Senate voted to pass H.J. Res. 100 in a vote of 80 to 15 to 1, with Senator Rand Paul (R-Ky.) voting present. The Upper Chamber also considered the paid sick leave provision, and while the measure had bipartisan support, it ultimately failed in a 52 – 43 vote. An additional amendment was offered in the Senate to extend negotiations by 60 days, though it also failed in a 70 – 26 vote.
In the absence of an agreement between workers and owners, the U.S. Congress has the power to intervene under the Railway Labor Act. Last used in 1992, when it successfully ended a two-day strike, the special power granted to Congress to intervene in rail negotiations is often a last resort for members of both parties who prefer the outcome of a successful negotiation process between railroad workers and owners.
Avoiding a freight rail strike is critical, and counties appreciate the necessary action taken by our federal partners to ensure vital operations can continue. Counties strongly support the efficient and uninterrupted operation of the nation’s freight rail system, which impacts major county responsibilities ranging from agriculture to transportation to water sanitation.
On December 2, President Biden signed into law federal legislation narrowly preventing an impending rail labor strike set to officially take place on December 9.2022-12-02Blog2022-12-02
On December 2, President Biden signed into law federal legislation narrowly preventing an impending rail labor strike set to officially take place on December 9. Following years of stagnant and often stalled negotiations between organizations representing rail workers and railroad owners, serious concerns arose that a strike could happen at a time when the nation’s supply chain is already severely strained. Significant negative impacts were projected to ripple across the country as the result of a strike, including factors that could have limited the ability of America’s counties to serve our residents.
Averted in the short-term in September, the potential for worker stoppage has loomed heavily this week as the end of the “cooling off” period between railroads and organized labor nears on December 9, marking the day when workers could strike. On November 30, the U.S. House held a strongly bipartisan 290 to 137 vote to intervene in negotiations with the passage of H.J. Res. 100, a measure that will impose recommendations on the parties issued by the White House’s Presidential Emergency Board (PEB) in August.
While the recommendations are a result of negotiations between rail owners, labor unions and the Biden Administration, they were ultimately rejected by four of the twelve rail labor unions. Among other provisions, the PEB recommendations will increase worker pay by 24 percent over five years through 2024, with a 14 percent increase effective immediately, and provide for one day of paid sick leave to workers.
The amount of paid sick leave available to workers remains the major sticking point in negotiations as unions have sought up to fifteen days along with additional flexibility on when the days can be used. In response, the U.S. House additionally voted 221 to 207 to pass H. Con. Res. 190, an amendment to H.J. Res. 100 that would have provided seven paid sick days. Both pieces of legislation then advanced to the U.S. Senate, where they were considered on December 1.
On December 1, the U.S. Senate voted to pass H.J. Res. 100 in a vote of 80 to 15 to 1, with Senator Rand Paul (R-Ky.) voting present. The Upper Chamber also considered the paid sick leave provision, and while the measure had bipartisan support, it ultimately failed in a 52 – 43 vote. An additional amendment was offered in the Senate to extend negotiations by 60 days, though it also failed in a 70 – 26 vote.
In the absence of an agreement between workers and owners, the U.S. Congress has the power to intervene under the Railway Labor Act. Last used in 1992, when it successfully ended a two-day strike, the special power granted to Congress to intervene in rail negotiations is often a last resort for members of both parties who prefer the outcome of a successful negotiation process between railroad workers and owners.
Avoiding a freight rail strike is critical, and counties appreciate the necessary action taken by our federal partners to ensure vital operations can continue. Counties strongly support the efficient and uninterrupted operation of the nation’s freight rail system, which impacts major county responsibilities ranging from agriculture to transportation to water sanitation.

About Jessica Jennings (Full Bio)
Legislative Director – Transportation | Rural Action Caucus
Jessica serves as legislative director for transportation and infrastructure. In this role, Jessica staffs NACo’s Transportation Policy Steering Committee and works with county officials from across the nation to set organizational priorities and policies for transportation and infrastructure issues that affect local governments.More from Jessica Jennings
-
Reports & Toolkits
Legislative Analysis for Counties: The Consolidated Appropriations Act of 2023
This analysis includes funding highlights for key programs impacting counties. -
Press Release
State And Local Government Associations Commend Congress For Infrastructure And Disaster Flexibility
With the enactment of the Consolidated Appropriations Act of 2023, the seven leading organizations representing state and local governments at the federal level thank Congress for providing flexibility to use American Rescue Plan Act funds for purposes of infrastructure, neighborhood revitalization, and disaster relief. -
Reports & Toolkits
Primer for Counties: 2023 Farm Bill Reauthorization
NACo's primer on the 2023 Farm Bill reauthorization breaks down the process counties can expect this year, highlights key county priorities and explains how counties can access funds authorized through the Farm Bill. -
County News
Transportation, housing programs highlighted at LUCC business meeting
U.S. Department of Transportation Deputy Secretary Polly Trottenberg and Erika Poethig, special assistant to the president for housing and urban policy, shared their expertise at the Large Urban County Caucus business meeting. -
County News
LUCC members tour transportation, health centers
Large Urban County Caucus members saw Will County, Ill.'s innovative projects that are in the works to increase convenience, efficiency and sustainability in transportation for the largest inland port in the country. -
Blog
Counties directly eligible for $1.5 billion through U.S. Department of Transportation FY 2023 RAISE Grants
On November 30, the U.S. Department of Transportation announced the availability of $1.5 billion in competitive funding through the Office of the Secretary’s Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grants.
-
Basic page
Transportation Policy Steering Committee
Responsible for all matters pertaining to federal transportation legislation, funding and regulation and its impacts on county government. This includes highway and bridge development, finance and safety, public transit development and finance, transportation planning, airport development and service, passenger and freight railroads, ports and waterways, freight movement, and research and development of new modes of transportation.pagepagepage<p>Responsible for all matters pertaining to federal transportation legislation, funding and regulation and its impacts on county government.
-
Reports & Toolkits
Implementing Infrastructure Investments at the County Level: The Bipartisan Infrastructure Law (P.L. 117-58)
As intergovernmental partners, counties play a key role in ensuring the successful interpretation and implementation of the BILReports & Toolkitsdocument100710:00 amReports & Toolkits<table border="1" cellpadding="1" cellspacing="1" style="width:100%" summary="call-out transparent jump">
<tbody>
<tr>
<td>
Contact
-
Legislative Director – Transportation | Rural Action Caucus(202) 942-4264
-
Legislative Assistant(202) 942-4284
Related Posts
-
County NewsTransportation, housing programs highlighted at LUCC business meetingDec. 12, 2022
-
County NewsLUCC members tour transportation, health centersDec. 12, 2022
-
BlogCounties directly eligible for $1.5 billion through U.S. Department of Transportation FY 2023 RAISE GrantsDec. 6, 2022
Related Resources
-
Reports & ToolkitsLegislative Analysis for Counties: The Consolidated Appropriations Act of 2023Jan. 17, 2023
-
Press ReleaseState And Local Government Associations Commend Congress For Infrastructure And Disaster FlexibilityJan. 9, 2023
-
Reports & ToolkitsPrimer for Counties: 2023 Farm Bill ReauthorizationJan. 5, 2023
More From
-
Legislative Analysis for Counties: The Consolidated Appropriations Act of 2023
This analysis includes funding highlights for key programs impacting counties.
Learn More