Policy

The labor movement stands united in our support for good, middle-class jobs; policies that address climate change; and safe transportation that brings equitable benefits to communities across the country. Billions in federal investment across the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) will help achieve that goal in school bus fleets across the country, but as with any federal investment, these dollars must come with conditions that maintain or create quality union jobs for American workers. As with any rapid technological change, electrification threatens to displace the manufacturing workers, drivers, and mechanics who have committed their livelihoods to supporting the country’s education system. To meet our climate goals while ensuring good union jobs, the student transportation workforce must be front of mind as the federal government funds the deployment of electric school buses in communities across the country.

The horrific Norfolk Southern rail derailment in East Palestine, Ohio on the evening of February 3, 2023, highlighted a truth that rail labor unions have been vocal about for years: the freight rail industry has a fundamental disregard for the safety of workers and the general public. Congress must take decisive and comprehensive action to fix it. Rail workers have sounded the alarm for years about the deteriorating safety conditions in the freight rail industry. Actions taken by the Class I freight railroads both before and after the derailment demonstrate that they still have no interest in correcting their business practices that put lives and communities at risk every single day. Sadly, that is because they are driven by one thing, and one thing only: generating the most profit possible, regardless of anyone’s wellbeing but their own. It does not matter to them who gets hurt in the process.

Unfortunately, the East Palestine derailment is not an anomaly. The wide-reaching breadth of safety failures in the freight rail industry contributes to more than 1,000 freight rail derailments a year– nearly three a day. And contrary to the railroads’ rhetoric, the industry’s safety record is getting worse, not better. In fact, the accident and incident rate has increased over the last decade at four of the biggest Class I railroads: BNSF Railway, Union Pacific, CSX, and Norfolk Southern.

Firefighters are essential to a functional, safe transportation system. They play a critical role in not only protecting the public, but also the transportation workers who move passengers and cargo through our air transportation systems and who carry freight, including hazardous materials, through our national rail network. From responding to the derailment of freight trains carrying hazardous materials in residential communities to suppressing fires at airports, our transportation system could not safely function without firefighters. Sadly, too often, the fire service is left ill-equipped, insufficiently trained, understaffed, and underfunded to safely respond to emergencies. This must change.

To improve public safety, we call on Congress to increase funding for firefighter hazmat training; require rail companies to provide advanced notification of hazardous materials traveling through a fire department’s jurisdiction; set a minimum firefighter staffing level at civilian airports; and bring cargo plane and non-public transportation airport safety operations into parity with the regulations for commercial aircraft and airports.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), and our 37 affiliated unions, I thank Chairman Nehls and Ranking Member Payne for inviting me to testify before the Committee today on the current state of our rail supply chain. By way of background, among the many unions who affiliate with TTD, we proudly represent the totality of rail labor, whose members work on the front lines across the entire passenger and freight rail industry. That includes the rail workers directly engaged in freight transportation at railroads and ports who see first-hand the effects of a broken freight rail industry mired by self-inflicted service, safety, and staffing issues.

Freight rail is of vital importance to the U.S. economy, accounting for around 40 percent of long-distance ton-miles and hauling one-third of U.S. exports.[1] When freight shipping demand soared during the pandemic, the freight rail network’s service, staffing, and safety issues severely hamstrung the supply chain. The Class I railroads missed a massive economic opportunity to grow the system and become more competitive with other freight industries. By working collaboratively with government – and yes, the unions that represent their workers – to reform their current operating model, Class I railroads can improve service and safety; move more freight in a greener, more efficient way; and improve U.S. economic competitiveness. The status quo, however, is unsustainable.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding Union Pacific’s (UP) petition to extend its waiver allowing Class I brake tests and other procedures associated with a train entering the United States to be performed at alternate locations instead of immediately at the border. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA deny UP’s petition to extend its waiver. Additionally, we endorse the comments of our affiliate, the Brotherhood of Locomotive Engineers and Trainmen (BLET).

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of its intent to review a quiet zone located in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA end the current quiet zone order for this area to increase safety for workers and communities surrounding rail lines. Additionally, we endorse the comments of our affiliate, the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).

With 34 serious incidents, including 22 fatalities in 2022, it is clear that this zone requires additional safety measures to mitigate risk. The most rapid plan would be to immediately discontinue the quiet zone and assess whether that provides a sufficient level of safety for workers and communities located near rail tracks. Following this period of study, there may be additional needs to increase safety. However, it is clear that there is a high level of risk presently, and it is simply unacceptable for rail operations to continue to injure and kill people.

We write to express concern that a previously rare and limited business model for air service, once confined to private jet charters, is expanding so rapidly that it threatens to take over a large part of the air services in the United States.  Airlines selling passenger tickets on flights that are scheduled in all but name are operating under a combination of rules: the safety rules of 14 CFR Part 135, the economic rules of 14 CFR Part 298 for commuter air carriers, and 14 CFR Part 380 for public charters.  Because of a loophole created by that combination of rules, these airlines are able to skirt safety and security regulations that your departments and agencies enforce.  A pending application before DOT by a unit of SkyWest Airlines implicates this business model, as we will describe.

One such air carrier is branded as “JSX.”  The operator is Delux Public Charter, LLC, d/b/a JSX Air, and the charterer and re-seller of seats is JetSuiteX, Inc. (collectively, JSX).  Through this complex structure, JSX is providing scheduled passenger service between major airports available for purchase in a manner that — to the ordinary consumer — looks identical to buying a seat on a regular scheduled airline.  This arrangement enables JSX to fly a self-described “hop-on jet service” with scheduled operations on aircraft limited to 30 passengers under Part 135, asserting a speedy path to the plane using “private terminals,” and “non-invasive security procedures.”

On behalf of the undersigned labor organizations representing employees of airlines and airline contractors, we write to declare in no uncertain terms our opposition to efforts to amend the Airline Deregulation Act (ADA) or otherwise statutorily preempt state and municipal labor and related policy for airline workers.

In 1978 Congress limited ADA preemption so as not to foreclose state and local regulation of traditional areas of state concern regarding labor and employee issues as applied to aviation workers. By expressly tailoring preemption of state law only to circumstances where the states directly regulate customer-centric prices, routes, and airline service, Congress balanced the industry’s need for uniformity in its relation to the traveling public while respecting the states’ traditional ability to protect and support its citizens. Our members, like workers throughout the economy, avail themselves of the benefits provided by state and local governments to care for sick spouses, children, and to address medical concerns outside the protections provided by their collective bargaining agreements. These long-established protections should not be arbitrarily foreclosed. As Congress recently observed in the railroad industry, transportation workers care significantly about matters unrelated to pay, and the flexibility to provide and care for oneself and family is necessary for a stable industry. Attempts to expand the intent and statutory framework of federal preemption or to swallow up and preclude these important state law rights will negate this significant progress.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Maritime Administration’s (MARAD) request for information concerning cargo preference. TTD consists of 37 affiliated unions representing U.S maritime workers offshore and onshore and dockworkers. Additionally, we endorse the comments of USA Maritime.

U.S.-flagged ships currently carry less than 2% of cargo in the U.S.-international trade. One way to increase the amount of cargo carried by U.S.-flag vessels is to stimulate demand by restoring and enhancing U.S.-flag cargo preference shipping requirements. In 2012, Congress arbitrarily reduced civilian cargo preference policies in the Moving Ahead for Progress in the 21st Century Act, slashing Cargo Preference or Ship-American requirements for international aid cargoes from 75% to 50%. This change has drastically reduced the size of our fleet and outsourced U.S. maritime jobs. 

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of a recent joint request from 20 railroads to amend their positive train control (PTC) safety plans. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers. Additionally, TTD endorses the comments of our affiliate, the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD).

High-Hazard Flammable Trains

The joint PTC request for amendment (RFA) from 20 railroads that use Wabtec PTC systems would restrict operating speeds to 50 mph in all areas and 40 mph in “high-threat urban areas” for trains with tank cars that do not meet the enhanced tank car standards also laid out in a 2015 Pipeline and Hazardous Materials Safety Administration (PHMSA) final rule.