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The United Rail Unions issued the following statement on June 15, 2022:

Following the conclusion of our third week of compulsory mediation conducted by the National Mediation Board (NMB), the rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition pursuant to Section 5 First of the Railway Labor Act, received a proffer of arbitration from the NMB.

As previously stated, all of the carriers’ proposals to date serve as an insult to our collective membership. These essential employees carried the railroads to their record profits throughout the last several years. As much as the rail unions would have preferred to reach a voluntary settlement, this has become the only viable path to reaching a satisfactory conclusion. The chiefs of all 12 rail unions wish to thank the NMB members and the assigned mediators for their efforts in trying to bring us to a voluntary agreement, and for their recognition that such an agreement was not possible under the current circumstances.

With regard to the proffer of arbitration, the NMB urged the parties to enter into an agreement to resolve the dispute via binding arbitration in accordance with Section 8 of the Railway Labor Act. If either party rejects the NMB’s proffer, or fails to respond prior to the deadline of 5 p.m. (EDT) on June 16, 2022, the parties will enter a 30-day “cooling-off” period where the status quo is maintained. While each rail union has its own process for considering whether or not to accept the NMB’s proffer, it is anticipated that we will unanimously reject it in the coming days. 

At any point during the aforementioned 30-day cooling off period, President Biden may appoint a Presidential Emergency Board (PEB), which typically consists of three to five members. The PEB will conduct a hearing and issue a recommendation regarding settlement of the dispute. The issuance of the PEB recommendation starts another 30-day cooling-off period.

During this second cooling-off period, the parties may choose to accept or reject the PEB’s recommendation. If either party rejects the PEB’s recommendation, or if the cooling-off period expires and the dispute has not been resolved, either party may engage in self-help.

If this happens, it is expected that Congress will intervene and end self-help by passing legislation to resolve the dispute. To address this possibility, we have already mobilized our legislative departments to get the message to our elected representatives. In addition to these efforts, we are urging our members to begin reaching out to their U.S. senators and House representatives to voice their support for a labor-friendly PEB, and, if necessary, labor-friendly legislation to bring this round of bargaining to a successful conclusion. The time to make our collective voices heard is now!

Additional information will be provided as developments warrant. We appreciate your continuing support.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employees Division and SMART Mechanical Unions are also bargaining as a coalition.

Collectively, these Unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

Read this release in PDF form.

While waiting for a response to our recent request to the National Mediation Board that a proffer of arbitration be issued by the Board to move our contract dispute to the next level, CBC unions participated in two additional days of mediated bargaining sessions with NCCC this week.

Once again, the nation’s class 1 rail carriers showed just how far removed they are from the realities that their employees and shippers are experiencing. Without regard for the beating that these rail carriers took in front of the Surface Transportation Board a week ago, and ignoring their continued record profit reports, the rail carriers continue to advance proposals at the bargaining table that they have previously been told are unacceptable to the CBC Unions and our members.

Due to the NCCC’s refusal to negotiate a fair agreement in good faith, all CBC Unions again request that the NMB proffer arbitration to the parties to stop the endless delays by the rail carriers.

As we advised in January and April, we had hoped that the involvement of the NMB would cause the industry to refocus on addressing the legitimate needs of the men and women whose labor generates their positive financial returns. That has not happened, and there is no indication that it will without allowing the remaining steps of the Railway Labor Act to play out to compel a favorable settlement.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD). Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations.

Follow this link for a pdf of this release.