the staff of the Ridgewood blog
Ridgewood NJ, after more than four years of negotiations, the National Mediation Board has ended talks between NJ Transit and the union representing its engineers without a resolution. This move sets the stage for a potential strike, though federal laws could delay any labor action for several months.
Prolonged Negotiations and Expired Contracts
NJ Transit locomotive engineers have been operating under an expired contract since 2019. Despite a unanimous vote by the union’s members to strike, federal regulations that limit labor actions by railroads have prevented them from doing so.
Eddie Hall, president of the national branch of the Brotherhood of Locomotive Engineers and Trainmen, emphasized the need for a fair resolution. “It’s time for NJT to make a fair offer and settle this dispute voluntarily, otherwise our members will be walking picket lines rather than operating trains,” he stated.
Impact on Interstate Commerce
Rail service interruptions can have significant impacts on interstate commerce. As such, railways, including commuter railways, must complete extensive mediation processes before any job action can commence. The National Mediation Board (NMB) plays a crucial role in this process, often mediating disputes indefinitely. The end of the NMB’s mediation initiates a 30-day cool-off period, meaning engineers could potentially strike as early as July 25. However, due to federal procedures, this action could be delayed for several more months.
Next Steps: Presidential Emergency Board
Following the NMB’s release, the union declined an offer of arbitration, which means the dispute is likely headed to a Presidential Emergency Board (PEB). Federal law mandates that President Joe Biden convene a PEB upon request from either party or a governor of an affected state. This list includes Governors Phil Murphy (NJ), Kathy Hochul (NY), and Josh Shapiro (PA).
Once requested, the president is required to establish a PEB, initiating a 120-day lockout period on job actions, although the board could conclude the lockout sooner. If the first PEB does not reach a settlement within the designated period, the governors and parties can request a second PEB.
NJ Transit spokesman Jim Smith stated that in light of the union’s rejection of binding arbitration, NJ Transit “fully intends to make a formal request for a Presidential Emergency Board.”
Response from Officials and Union Sentiment
The three governors have not immediately responded to requests for comment on whether they will ask President Biden to convene a PEB.
Eddie Hall expressed the frustration of the union members, saying, “Our members are angry and feel betrayed. Locomotive engineers kept the trains running during the pandemic. They have gone five years without a pay raise during a period of high inflation. These men and women want to serve the public with uninterrupted service, but they cannot continue working for subpar wages. They have had enough.”
As this situation unfolds, commuters and NJ Transit will be watching closely, bracing for potential disruptions while hoping for a swift and fair resolution.
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