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railroad workers united
New Report Argues Private Rail Is a Train Wreck, Public Ownership Needed
"Our nation's rail system is in disarray," an expert said. "Dominated by a small group of giant for-profit companies, it is imperiling the health and safety of workers and communities."
Jul 01, 2024
Railword Workers United and a Brown University fellow on Monday published a white paper calling for the institution of a public rail system to replace America's corporate railroad giants.
The 110-page white paper, written by Brown University undergraduate Maddock Thomas and published as part of RWU's Public Rail Now campaign, argues that U.S. railroad corporations such as BNSF, Union Pacific, Norfolk Southern, and CSX have failed on safety, workers' rights, service, electrification, and expanding capacity to meet rising freight demand.
Instead of using profits to invest in critical infrastructure, the railroads have lined shareholder pockets with dividends and buybacks, Thomas wrote, advocating for a public system where that money could be spent to improve safety and decarbonize freight transport, among other goals.
Thomas M. Hanna, research director at the Democracy Collaborative, called for democratic, public ownership of railroads in a Public Rail Now statement.
"At a time when we need it most, our nation's rail system is in disarray," Hanna said. "Dominated by a small group of giant for-profit companies, it is imperiling the health and safety of workers and communities, providing poor service for customers, abandoning growth and development, and stalling the expansion of passenger rail services."
"These lands were given under a promise of providing a 'public highway' operated in the public interest, a deal that today's Class 1s have inherited along with their predecessors' easements... Perhaps it is time for Congress to retake control of our public rights-of-way."
The frequency of rail accidents rose by 28% between 2013 and 2022, which many critics attribute to the Precision Scheduled Railroading system that's become the industry standard. Thomas wrote that the system prioritizes "speed over safety."
Despite the alarming trend, the industry has lobbied against safety-minded legislation such as the Railway Accountability Act proposed by senators last year following a disastrous derailment in East Palestine, Ohio. The industry pushed against reforms strongly in the year after the disaster and that lobbying has continued in recent months, according toJacobin.
The current system has led to precarity and difficulty for railway workers. The number of jobs in the industry has gone down over the last 10 years, with nearly 30% of workers having been laid off since 2015, Thomas found. Railway workers also face tough conditions, with unpredictable schedules and forced overtime—some of the subjects of a 2022 labor dispute that ended with the controversial intervention of President Joe Biden.
The white paper emphasizes the underinvestment that private rail ownership has allowed. The U.S. Department of Transportation estimates that rail freight will nearly double by 2035. This growing demand has long been understood, but not acted on. A 2008 report commissioned by the Surface Transportation Board, a federal agency, found that the aforementioned major rail companies—called "Class 1" railroads—needed to spend $135 billion by 2035 to build up infrastructure to meet incoming demand.
They did not, the white paper says.
"Instead, the Class 1s spent $196 billion on buybacks and dividends for shareholders between 2010 and 2020," Thomas wrote.
Thomas presented a historical case for public rail. In the late 1800s, hundreds of millions of acres of public land, as well as other subsidies, were granted to railroad companies on the condition that their services benefited the public. Thomas wrote that the land grants were provided with the understanding that the railways would be like public highways, and that the federal government to this day "retains a reversionary interest of ownership and control" over the rights-of-way.
"There is a compelling case that every railroad that sits on a right-of-way granted from Congress merely possesses an easement over public land," he wrote. "Furthermore, Congress reserved the right to 'add to, alter, amend' the terms of its land grants. Ultimately, these lands were given under a promise of providing a 'public highway' operated in the public interest, a deal that today's Class 1s have inherited along with their predecessors' easements. One might argue that the Class 1s failed to live up to this deal and that perhaps it is time for Congress to retake control of our public rights-of-way."
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'Derail Batory': Senate Urged to Reject Ex-Trump Official for Amtrak Board
"His record clearly demonstrates a prioritization of carrier profits over the safety of rail workers and the traveling public," said Railroad Workers United.
May 07, 2024
An alliance of unionized rail workers on Tuesday demanded that the U.S. Senate reject President Joe Biden's nomination of former Trump administration official Ronald Batory to serve on the board of Amtrak, the nation's passenger rail company.
In a statement, Railroad Workers United (RWU) said Batory's tenure as head of the Federal Railroad Administration (FRA) under former President Donald Trump "was marked by policies favoring 'operational efficiencies' (i.e., corporate profits) over the safety and well-being of rail workers and the public."
"Notably, under his leadership, FRA attempted to override state laws mandating two-person train crews, promoting instead the adoption of single-person crews nationally," said RWU. "This push was part of a broader deregulation agenda, ostensibly aimed at reducing operational costs for the monopoly of carriers at the potential expense of safety and labor protections."
"Moreover, during the Covid-19 pandemic, Mr. Batory oversaw the FRA's issuance of emergency waivers that suspended numerous long-standing safety regulations," the group added. "These waivers were granted rapidly with limited opportunity for stakeholder input, raising significant concerns among rail labor organizations about their sweeping breadth and the lack of stringent oversight, which could compromise rail safety and worker security."
The statement urges rail workers across the country to contact their senators and demand they block Batory's nomination.
"His record clearly demonstrates a prioritization of carrier profits over the safety of rail workers and the traveling public," said RWU, calling the Senate to "derail Batory."
“Railroad Workers United urges all members of #raillabor to actively contact their Senators and argue against Mr. Batory's confirmation. His record clearly demonstrates a prioritization of carrier profits over the safety of rail workers and the traveling public.” #DerailBatory pic.twitter.com/8kVNNsBihD
— Railroad Workers United ✊ (@railroadworkers) May 7, 2024
Rail workers reacted with outrage last week after Biden announced Batory's nomination, given his ties to the railroad industry and policy moves under an administration whose deregulatory spree helped lay the groundwork for the toxic crash in East Palestine, Ohio last year.
Amtrak's board of directors is required to be both geographically and politically diverse. Greg Regan, president of the Transportation Trades Department of the AFL-CIO, noted in a statement Monday that while Batory "would never be our choice, we recognize that federal law requires the board to have three members from the minority party, in this case the Republican Party."
"Since the law also requires the president to consult with the Senate minority leader when making minority party appointments, the breadcrumb trail for this transparently anti-labor nominee leads directly to Senate Minority Leader Mitch McConnell's doorstep," said Regan, contending that the Kentucky Republican "owns this choice," not Biden.
In its statement Tuesday, RWU acknowledged that "some may argue that the Biden administration is procedurally obligated to forward this nomination."
But the group said Batory's nomination nevertheless "starkly contradicts the administration's stated commitments to worker safety and robust regulatory standards."
"The nomination of Mr. Batory, whose regulatory philosophy aligns with reducing workforce protections and operational oversight, does not serve the public interest," said RWU.
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'Betrayal of Labor': Biden Nominates Ex-Trump Official to Amtrak Board
"This appointment reads less like an oversight and more like a slap in the face to those who championed worker safety and stronger regulations," said Railroad Workers United.
May 03, 2024
Rail workers voiced outrage Thursday after U.S. President Joe Biden quietly nominated a former Trump administration official with a history of supporting deregulation to Amtrak's board of directors, a move that one alliance of unions called a "slap in the face."
Ronald Batory, who has ties to the rail industry, served as head of the Federal Railroad Administration (FRA) under former President Donald Trump, who aggressively slashed transport and rail safety regulations during his four years in office—laying the groundwork for disasters such as the East Palestine, Ohio crash.
The Associated Pressnotes that before serving at the FRA, Batory was president and chief operating officer of Conrail, "a service provider for the CSX and Norfolk Southern freight railroads." Norfolk Southern operated the train that derailed in East Palestine last year, spilling toxic chemicals and sparking a public health crisis.
In 2019, Batory faced backlash from rail unions for withdrawing a proposed rule aimed at establishing mandatory crew sizes on freight and passenger trains.
"President Donald Trump, [Department of Transportation] Secretary Elaine Chao, and FRA Administrator Ron Batory have taken sides, and it's with the railroads that want to eliminate operating crew members to the detriment of rail safety and to the detriment of the communities through which our members operate trains," SMART Transportation Division said at the time.
"Clearly, the railroad CEOs have their folks in power with President Trump and his administration," the union added. "This action should put an end to any thoughts that this president and this administration is supportive of railroad workers."
Earlier this month, Biden's FRA finalized a rule requiring two-person crews on trains with limited exceptions. The reform received praise from railway workers and their allies.
But an organization representing rail workers across the U.S. said Biden's decision to nominate Batory to the board of Amtrak—the nation's passenger railroad company—calls into question the president's commitment to worker and rail safety.
"Batory, renowned for his role in loosening rail safety regulations during a tenure that critics link to subsequent rail disasters like East Palestine, is now poised to shape Amtrak's future," Railroad Workers United (RWU) wrote on social media late Thursday. "Remember the 2022 rail workers' debacle? When labor unions hoped for Biden's support, and instead got a presidential shove to accept a contract that many felt skirted around their key demands? It's almost poetic then, how Biden's nomination of Batory seems to echo that same disregard."
"The message to labor seems clear: Loyalty and votes might get you a seat at the table, but don't count on staying there if bigger political machinations are at play," RWU added. "With Batory's track record, this appointment reads less like an oversight and more like a slap in the face to those who championed worker safety and stronger regulations. It's as if the administration is keen on maintaining a tradition—disappointing the very base that arguably played a pivotal role in securing their position. Let's brace ourselves for more 'strategic' decisions that may just reroute us back to the past, disregarding those who handle the daily grind on our railroads."
Well, it seems @POTUS has truly outdone himself this time, nominating Ronald L. Batory—yes, the deregulation aficionado from the Trump era—to the @Amtrak Board of Directors. https://t.co/dVMWEApL5D
— Railroad Workers United ✊ (@railroadworkers) May 3, 2024
Biden also nominated Elaine Marie Clegg, the CEO of Valley Regional Transit, to an Amtrak board position.
Clegg and Batory must be confirmed by the U.S. Senate.
Railway Age contributing editor Frank Wilner wrote Thursday that Batory could face a Democratic "hold" on his nomination in the Senate "given that many in rail labor are unhappy" with his withdrawal of the train crew rule during his tenure as FRA administrator.
Ross Grooters, a Brotherhood of Locomotive Engineers and Trainmen member and co-chair of RWU, said Thursday that Biden's nomination of Batory "is a betrayal of labor, arguably bigger than the 2022 contract dispute."
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