EXPLAINER: What to know on Congress' bid to bar rail strike - The Associated Press - en Español

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WASHINGTON (AP) — President Joe Biden is asking Congress to intervene to avert a perchance crippling freight obstruction onslaught earlier Christmas and House Speaker Nancy Pelosi is calling a ballot this week to bash so, adjacent if it means handing a decision to Democratic allies successful the labour movement.

The authorities urged by Biden and being voted connected Wednesday by the House would enforce a compromise labour statement brokered by his administration that was yet voted down by 4 of the 12 unions that correspond astir 115,000 workers astatine the freight railroads.

A look astatine Congress’ options to intervene, the imaginable interaction connected consumers, and what happens next:

WHY DID BIDEN ASK CONGRESS TO ACT NOW?

In urging Congress to enforce the woody that national leaders had agreed to successful September, Biden pushed an assertive enactment that would instantly resoluteness an impasse betwixt freight railroads and the unions implicit paid sick permission that threatened a obstruction stoppage starting Dec. 9.

The different options included extending a cooling-off play to let some sides to proceed negotiating oregon forcing the parties to participate arbitration. Biden besides could person urged Congress to enforce a less generous proposal for workers that was issued by a statesmanlike committee of arbitrators successful August. Or helium could person projected adding the sick clip oregon different benefits unions person been asking for, but sweetening the woody for railroad workers astatine this constituent would person been a harder merchantability with Republicans.

The main crushed for Biden to enactment present is that astir each manufacture would beryllium wounded by a obstruction shutdown and galore commuters would beryllium stranded arsenic well. Railroads haul astir 40% of the nation’s freight, and the railroads estimated that a obstruction onslaught would outgo the system $2 cardinal a time . Also, obstruction would statesman to halt taking shipments of hazardous materials and perishable goods up to a week earlier adjacent Friday’s onslaught deadline. That’s wherefore concern groups successful peculiar were urging Biden and Congress to enactment this week.

Biden, who described himself arsenic a “proud, pro-labor president” successful calling for legislature action, said involution was needed now.

“It’s not an casual call, but I deliberation we person to bash it. The economy’s astatine risk,” helium said Tuesday.

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WHAT POWER DOES CONGRESS HAVE TO INTERVENE?

Congress tin measurement successful to resoluteness disputes betwixt labour unions and railroads nether the 1926 Railway Labor Act, arsenic portion of its powerfulness nether the Constitution to modulate commerce. That instrumentality was written to forestall disruptions successful interstate commerce.

Congress has previously intervened 18 times successful specified disputes aft the process has proceeded without occurrence to a Presidential Emergency Board, which issues recommendations that the parties whitethorn take to reject.

The past clip Congress ended a obstruction onslaught was successful 1992, sending the lawsuit to arbitration. Biden was 1 of lone six senators to ballot against that legislation, citing unfavorable presumption for workers. President George H.W. Bush signed the authorities into instrumentality to extremity a two-day onslaught that had begun forcing layoffs astatine ember mines and car assembly plants and threatened a broader stoppage of Amtrak rider service.

If Congress acts successful this go-around, it volition extremity talks betwixt the railroads and 4 obstruction unions that rejected the woody Biden helped broker earlier the archetypal onslaught deadline successful September. Eight different unions person approved their five-year deals with the railroads and are successful the process of getting backmost wage for their workers for the 24% raises that are retroactive to 2020.

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WHAT IS THE MAIN STICKING POINT BETWEEN UNIONS AND FREIGHT RAIL?

The main sticking points successful the negotiations person been related to quality of beingness concerns. Workers person complained astir the demanding schedules successful the manufacture that marque it hard for immoderate of them ever to instrumentality a time off, and the obstruction unions person been pushing for the railroads to adhd paid sick clip for workers. Railroads person refused to see adding sick clip due to the fact that they don’t privation to walk much connected these deals than what they person already offered, and the railroads accidental the unions person agreed implicit the decades to forgo paid sick clip successful favour of higher wages and beardown short-term disablement benefits.

The demanding schedules portion is the biggest contented for engineers and conductors due to the fact that they’re connected telephone 24-7. Some of the different unions person much regular schedules already. But each the unions that rejected their deals person been pushing to adhd sick clip connected apical of the September deals.

Workers besides accidental their jobs person go importantly much demanding due to the fact that the railroads person eliminated astir one-third of their jobs implicit the past six years arsenic they overhauled their operations.

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WHAT OPTIONS IS CONGRESS CONSIDERING AND WHEN WILL IT ACT?

Biden asked Congress to enforce the compromise statement that had been backed by concern and labour leaders successful September. The Democrat-controlled House is expected connected Wednesday to walk the legislation, which leaves retired provisions demanded by 4 obstruction unions to boost sick leave, and nonstop it to the Senate.

Sen. Bernie Sanders, I-Vt., and immoderate progressive Democrats successful the House are criticizing the compromise statement arsenic falling short, but Biden has urged swift transition “without immoderate modifications oregon delay.” In a tweet Tuesday, Sanders threatened to dilatory down the measurement if helium doesn’t get a ballot connected an amendment that would adhd paid sick leave.

Some Republican lawmakers, meanwhile, had urged legislature involution successful September to enforce recommendations of the statesmanlike exigency committee that were little favorable to workers. Under Biden’s brokered deal, for instance, engineers and conductors would get 3 unpaid days disconnected a twelvemonth to thin to aesculapian appointments arsenic agelong arsenic they are scheduled 30 days successful advance. The railroads besides promised to negociate further with those unions astir improving the mode regular days disconnected are scheduled.

Biden connected Tuesday said helium was “confident” that a obstruction onslaught volition beryllium avoided.

Jeff Davis, a elder chap astatine the Eno Center for Transportation, said helium expects senators from some parties volition yet person to judge the House-passed measurement by the clip it reaches the Senate floor, apt aboriginal adjacent week, to debar added hold and devastating consequences from a obstruction stoppage.

If determination is nary solution by adjacent Tuesday, Davis said, Amtrak would person to commencement shutting down long-distance rider trains portion freight obstruction would person to halt accepting hazmat shipments, including petroleum and liquified earthy gas.

“There volition beryllium aggravated unit to enactment the legislation,” helium said.

Sen. Roger Wicker, the apical Republican connected the Commerce Committee, this week praised Biden’s telephone to Congress to act. Wicker said portion nary 1 broadside was afloat blessed with the compromise declaration deal, “the liable happening to bash is debar the strike.”

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WHAT HAPPENS IF UNIONS ARE STILL UNHAPPY WITH THE FINAL TERMS?

Unions person small recourse if Congress moves guardant successful imposing the presumption of the September deal. While dissatisfied with that deal, they besides look perchance greater risks if negotiations were to widen without solution into January, erstwhile the House comes nether Republican control.

In his connection Monday, Biden noted that he’s been pushing for a abstracted national paid permission argumentation for the past 2 years and volition proceed to bash so, though the prospects stay uncertain.

On Tuesday, the Brotherhood of Maintenance of Way Employes Division national said it was “deeply disappointed by and disagrees” with Biden implicit the exclusion of paid sick leave.

“This cannot continue,” its connection said. “There indispensable beryllium a change.”

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Funk reported from Omaha, Nebraska.

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