National Negotiations
The BRS served its Section 6 notice (contract proposal) to the National Carriers Conference Committee (NCCC) on December 19, 2014, on those carriers party to National Agreement handling. This is a requirement of the Railway Labor Act. By serving our Section 6 notice, we begin the process of negotiations with the railroads.

Signalmen have historically used every available means to reach a successful contract settlement. We look forward to good faith bargaining and have joined with the SMART Transportation Division, the Brotherhood of Locomotive Engineers and Trainmen/IBT, the American Train Dispatchers Association, the International Brotherhood of Boilermakers, and the National Conference of Fireman and Oilers/SEIU, to form what is referred to as the “Coordinated Bargaining Group.” This process will give each of the respective organizations the power of bargaining as a group that represents over 50 percent of rail labor.

As this round of bargaining begins, an analysis of the railroad industry shows that the railroads are moving record numbers of freight and, as a result, continue to post record profits. Since the last contract was signed, the nation’s railroads have made unprecedented profits nearly every quarter. As carriers continue to take the position that they can’t afford the costs of our healthcare, it is evident that they just don’t want to have to pay for it.

We know our members’ responsibilities and skills prove that they deserve a substantially improved agreement, and despite what the carriers say during negotiations, they can afford to compensate the front-line workers that have brought them the success, profits, and bright future that they tout to their investors.

The time has come for the carriers to acknowledge and remedy this injustice. We will work hard to correct this injustice and expedite the negotiating process in order to reach a fair and equitable agreement. However, if the carriers fail to seize this opportunity and revert back to slow walking the process under the terms of the Railway Labor Act, then Signalmen are prepared to take their case for a fair and equitable settlement to any forum necessary.

Below you will find an outline of the process for negotiating under the Railway Labor Act, so that you will have an idea of how the process works and what must be accomplished under the Act to reach an agreement. There are many opportunities for the parties to reach an acceptable agreement; however, if that cannot be accomplished, then the following steps will lead the process to a final conclusion:

• Step 1    —    Notice is served under Section 6 of the Railway Labor Act by either party.
• Step 2    —    Reply required within 10 days, sets time/date of initial conference which must be held within 30 days.
• Step 3    —    Negotiations begin. No time limit.
• Step 4    —    Agreement reached through negotiations, if not, go to
• Step 5    —    Within 10 days after conferences end, either party may request National Mediation Board (NMB) mediation, or NMB may proffer mediation.
• Step 6    —    If mediation is not requested or proffered within 10 days; strike, lockout, or promulgation of new rules.
• Step 7    —    Agreement reached through mediation, if not, go to Step 8. There is no time limit on mediation; the NMB has the discretion to hold the parties in mediation indefinitely.
• Step 8    —    NMB proffer of binding arbitration is offered by NMB or requested.
• Step 9    —    Agreement reached through accepting binding arbitration. If not, go to Step 10.
• Step 10    —   Self help strike, lockout — 30 days after NMB notifies both parties that proffer of arbitration was refused.
• Step 11    —    NMB may notify President that it believes dispute will interrupt interstate commerce.
• Step 12    —    President may appoint an emergency board if he/she agrees with Step 11.
• Step 13    —    Presidential Emergency Board reports to President within 30 days.
• Step 14    —    Agreement reached based on Emergency Board report, if not, go to Step 15.
• Step 15    —    Indefinite strike or lockout permitted 30 days after report issued. Agreement may be reached.
• Step 16    —    If no agreement, settlement can be legislated by Congress.

As we move forward with national negotiations, I will continue to update you on our progress through this publication and on the BRS website. Again, if rail labor can be unified we can accomplish much more.

“Right to Work” — “Right to Work for Less”
There seems to be a lot of focus these days on “right to work” laws. The problem is that the name does not convey what the law really means. Over the past few years, big business has used this law state- by-state as a platform to attack unions. One of the more publicized battles took place in Wisconsin with Governor Scott Walker aggressively attacking the state’s workers by taking away their ability to bargain for wages, among other issues.

Over a period of time, right-to-work laws will destroy a union. It’s no coincidence that states with union membership rates under 8 percent are all right-to-work states.

Right-to-work legislation isn’t driven by a groundswell of disgruntled union members buckling under union oppression. Workers who don’t want a union can disband their union at any time. Right to work legislation is driven by employers, industry associations, and lobbyists. Employers love right to work, because it really means right-to-work for less.

If we’re going to have right-to-work, then why not right-to-live? Wouldn’t it be great to have the right to live in any state without having to pay state taxes?

Let the right-to-work states put their (tax) money where their mouths are. Why should you have to “join” a state just because you live there?

Recent proposals to advance so-called right-to-work (RTW) laws are being suggested in states as a way to boost economic growth. In this economic climate, something called right-to-work legislation sounds positive, but the name is misleading: these laws do not guarantee a job for anyone. In fact, they make it illegal for a group of unionized workers to negotiate a contract that requires each employee who enjoys the benefits of the contract terms to pay his or her share of costs for negotiating and policing the contract. This provision directly limits the financial viability of unions, reducing their strength and ability to negotiate favorable contracts, higher wages, and better benefits. Similarly, by diminishing union resources, an RTW law makes it more difficult for unions to provide a workers’ voice on policy issues ranging from unemployment insurance to workers compensation, minimum wages, and other areas. The simple reality is that RTW laws undermine the resources that help workers bargain for better wages and benefits.

The following states (25) are right-to-work states: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming. In addition, the territory of Guam also has right-to-work laws, and employees of the U.S. Federal Government have the right to choose whether or not to join their respective unions.

It is alarming to me that half of our nation’s states are depriving its citizens of the ability to live abundantly. In a time when our country is in dire need of economic growth, state leadership is stepping on the necks of its workforce. It is time for workers to use the economic facts before them and demand change in their states. No more right-to-work for less!

The Affordable Care Act (ACA)
The Affordable Care Act (ACA) was signed into law by President Barack Obama in 2010. The ACA is perhaps the largest overhaul of the U.S. healthcare system in history, and it will provide coverage for over 94 percent of Americans. One of the key reforms includes health coverage for adults with pre-existing conditions, which hasn’t been available until now.

The Act affirms “the core principle that everybody should have some basic security when it comes to their healthcare,” President Obama said at the signing. As a candidate, Obama proposed what became “the largest middle-class tax cut for healthcare in history.” In the general election, it was the cornerstone of his campaign.

The concept was hardly new, however. Democratic presidents had unsuccessfully pursued the creation of a nationwide insurance system for 75 years. At the 2010 signing, President Obama noted that it was a law that “generations of Americans have fought for and marched for and hungered to see.” The final hurdle was cleared in June 2012, when the Supreme Court upheld most provisions of the healthcare law.

While the ACA has benefited and will continue to benefit many Americans who could not afford healthcare otherwise, the BRS, along with other rail unions, negotiates our health and welfare benefits either with the individual commuter railroads or with the class I railroads who participate in national handling.

The BRS will continue to watch the effects the ACA may or may not have on our negotiated health and welfare plans as we move forward and provide the same level of representation we always have to ensure that our members have access to affordable healthcare.

On October 29, 2015, President Obama, signed the Surface Transportation Extension Act of 2015. This bill included a three-year extension to the PTC implementation deadline of December 31, 2015. There were some railroads who were delayed by issues with obtaining spectrum, and others encountered issues related to the disruption of sacred tribal burial grounds. Also, the commuter railroads are encountering funding issues. Additionally, there were some railroads who appeared to have waited for an extension without beginning the process. No matter what the circumstances were surrounding the deadline extension, the BRS is still committed to the installation of this safety technology ASAP.

In closing, I would like to say that is has been a busy year for the BRS. As always, the most important aspect of railroad signaling is the safety of our members. It is my hope that you will continue to work safely and enjoy time with your families this holiday season. I hope you have a Merry Christmas and a Happy New Year.

In Solidarity,

W. Dan Pickett
BRS President