The National Mediation Board (NMB) on Aug. 18 released from statutory mediation the MTA Long Island Railroad (LIRR) and the Brotherhood of Locomotive Engineers and Trainmen (BLET), Brotherhood of Railroad Signalmen (BRS), International Association of Machinists and Aerospace Workers (IAMAW), International Brotherhood of Electrical Workers (IBEW), and Transportation Communications Union (TCU). The first 30-day “cooling off” period begins Aug. 19, during which POTUS 47 could create an emergency board to “investigate and report” on the dispute.
Either side, the NMB, or the New York Governor could ask POTUS 47 to appoint a Presidential Emergency Board (PEB). Absent agreements or the establishment of a PEB, self-help (strike or lock-out) could be exercised as of 12:01 a.m. EDT, Sept. 18, 2025, according to the NMB.
“It’s been 31 years since LIRR unions last walked off the job,” according to a Newsday report, “and 11 years since they last voted to go on strike. In 2014, a coalition of labor organizations, led by conductors’ union head Anthony Simon, negotiated an eleventh-hour deal with the governor’s office to avert a shutdown.” (See LIRR map below.)
At issue now “is the size of raises for the five unions, who represent several trades at the [New York commuter] railroad, including locomotive engineers, signal workers, electricians, and ticket clerks,” Newsday reported Aug. 19. “Although more than half all LIRR union workers have already settled a contract that guaranteed 9.5% in wage increases over three years, the five remaining unions have held out for more, arguing that their raises should be more in line with what other railroads in the United States have offered workers in recent years, including Amtrak and Philadelphia’s Southeastern Pennsylvania Transportation Authority, or SEPTA.”
MTA spokesman Tim Minton told the newspaper “that LIRR workers ‘are already the highest paid railroad employees in the country,’ and noted that the contract terms rejected by the unions have been accepted by more than 50,000 MTA employees and hundreds of thousands more public workers in the state.”
Railway Age Capitol Hill Contributing Editor Frank N. Wilner provided the following explanation of the commuter rail provisions of the Railway Labor Act (RLA):
“Major Disputes on commuter railroads, including Amtrak commuter operations, are resolved under separate procedures created by 1981 RLA amendments. Amtrak intercity passenger operations are subject to the RLA’s freight-railroad provisions.
“The NMB, a commuter rail authority, labor union, or a governor of a state through which the commuter railroad operates may request creation of a PEB. If appointed, there is imposed a 120-day status quo (no strikes; no lockouts) requirement. If, within the first 60 days, there is no resolution, the NMB must conduct a public hearing at which parties to the dispute testify. If, after resumption of negotiations, a voluntary agreement is not reached by the end of the second 60-day period, the commuter authority, labor union, or governor may request a second PEB be created.
“If a second PEB is created, a new 30-day status quo period commences. If, by the end of that period, a voluntary settlement is not reached, the parties present to the second PEB a “last, best and final offer,” with the PEB selecting, without modification, the one it finds most reasonable. The PEB’s selection is not binding. If a settlement still is not reached, a strike, unilateral promulgation of carrier-desired changes, or an employer lockout may commence. As with Major Disputes on freight railroads, the RLA has then run its course. Congress then may legislate settlement terms.
“Should labor commence a work stoppage, striking employees are denied, for the duration of the strike, unemployment benefits payable under the Railroad Unemployment Insurance Act (RUIA). Should the commuter railroad reject the non-binding recommendations, precipitating a work stoppage, the commuter railroad may not take advantage of a strike insurance plan.”
Click here for a mediation overview and FAQ from the NMB.
Further Reading:
- BLET Givebacks to NJT a “New Normal” for Labor?
- NJT BLET Rank-and-File Ratify Deal
- Biden Orders Second PEB in NJ Transit-BLET Contract Dispute
- PEB 251 Established, Recommendations Released to Settle NJ Transit-BLET Dispute
- BLET Forks $50K Over to NJT for ‘Illegal Job Action’
- President Biden Signs H.J. Res. 100 Into Law
