Federal Comments

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on the Surface Transportation Board’s proposal to modify revenue thresholds for the classification of rail carriers. By way of background, TTD consists of 33 affiliate unions, including unions representing freight rail workers who may be impacted by the granting of this petition.

DOL’s proposal would revise the agency’s interpretation on whether workers are considered employees or independent contractors under the Fair Labor Standards Act (FLSA). The proposal seeks to amend the existing multi-factor test used to determine a worker’s status, placing elevated emphasis on two core factors, including nature and degree of the worker’s control over the work (e.g. schedule, assignments, and ability to work for other companies) and the worker’s opportunity for profit or loss. DOL claims that the proposal will “benefit workers and businesses and encourage innovation and flexibility in the economy.”

Through this notice, HHS has issued proposed guidelines that would permit the use of hair follicles as a valid specimen for federally impelled drug tests. If adopted, employers would be able to conduct hair testing in concert with, or in lieu of, urine or oral fluid tests that have been previously approved by HHS. In issuing these proposed guidelines, the Department is acting to comply with Sec. 5402(b) of the Fixing America’s Surface Transportation (FAST) Act, which required that HHS develop guidelines for hair testing of commercial motor vehicle drivers. We write today to formally request that HHS hold a public, virtual, hearing on its proposed guidelines in order to discuss the proposal with impacted stakeholders and to further extend the comment period for 60 days.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Coast Guard’s request for information entitled “Request for Information on Integration of Automated and Autonomous Commercial Vessels and Vessel Technologies into the Maritime Transportation System.” TTD consists of 33 affiliate unions representing workers in all modes of transportation, including those in the commercial maritime industry. We therefore have a vested interest in this request.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the exemption request filed by the Association of American Railroads (AAR) and American Short Line and Regional Railroad Association (ASLRRA). TTD consists of 33 affiliate unions representing workers in all modes of transportation, including commercial motor vehicle operators in the railroad industry covered by FMCSA hours of service requirements.[1] We therefore have a vested interest in this exemption.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s request for comment on a petition for a waiver of compliance filed by the American Public Transportation Association (APTA). TTD consists of 33 affiliate unions representing workers in all modes of transportation, including employees of APTA member railroads. We therefore have a vested interest in this petition.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s request for comment on its notice entitled Petition for Waiver of Compliance from Long Island Rail Road (LIRR). TTD consists of 33 affiliate unions representing workers in all modes of transportation, including impacted employees at Long Island Railroad. We therefore have a vested interest in this petition.[1] We also strongly endorse the comments of the Transport Workers Union of America, a TTD-affiliated union.

Dear Secretary Chao:   On behalf of the Transportation Trades Department, AFL-CIO (TTD) and our 33 affiliated unions across the transportation industry[1], I write today to petition the Department of Transportation (DOT) to expeditiously promulgate regulation to mandate the usage of masks or face coverings for passengers travelling with DOT-regulated commercial transportation providers during the course of the Presidential Declaration of Emergency for COVID-19.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on Montana Rail Link Inc.’s petition concerning changes to revenue thresholds for the classification of rail carriers. By way of background, TTD consists of 33 affiliate unions, including unions representing freight rail workers who may be impacted by the granting of this petition.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to FMCSA’s request for comment on its notice Hours of Service of Drivers: Pronto.ai, Inc. (Pronto); Application for Exemption. TTD consists of 33 affiliate unions representing workers in all modes of transportation, including drivers of commercial motor vehicles.[1] We therefore have a vested interest in this policy.