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  • FRA Final Rule regarding crew sizes

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FRA Final Rule regarding crew sizes

For topics on Class I and II passenger and freight operations more general in nature and not specifically related to a specific railroad with its own forum.

Moderator: Jeff Smith

Re: FRA Final Rule regarding crew sizes

  by eolesen
 
Unless Congress acts, this is meaningless should Chevron be overturned.



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Re: FRA Final Rule regarding crew sizes

  by Gilbert B Norman
 
Mr. Olesen, what I fail to see is any comparison between a railroad crew consist matter and a merger of Chevron and Hess.

First on the roads, so long as there is a parallel highway and if they are willing to accept "being tied up" for at least an hour to get your "highway Conductor" to the scene of, say, a parted air hose, or a hotbox, (of particular interest post-E. Palestine), that's the road's business. In the case of a parted hose, it might even improve efficiency as the Conductor is dropped off at the train's rear and he starts walking forward while the Engineer starts walking rear.

On Hess-Chevron, so what if Hess, a primarily East Coast refiner, wants to hook up with Chevron (nee; Standard Oil of California), what's it to the retail consumer (and voter)?

Re: FRA Final Rule regarding crew sizes

  by eolesen
 
Not referring to a merger with Hess.

Chevron Deference refers to a 1984 SCOTUS ruling which gave Federal agencies broader ability to self-interpret or fill in the gaps in situations where Congress leaves gaps in statutes, and that the courts should follow those interpretations as though they were law, instead of reviewing the interpretations and determining if they were legal.

The ruling has resulted in almost 4 decades of poorly crafted laws being Left to agencies to interpret, manipulate, and occasionally abuse.

The EPA considering creeks and drainage ditches as navigable waters is but one example.

I haven't fully reviewed statutes, but I don't see where the FRA has the mandate to determine operational staffing for railroads. Let Congress or states do that.

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Re: FRA Final Rule regarding crew sizes

  by Engineer Spike
 
To be honest, it seems like the railroads have been more hostile to labor than before. Maybe it’s just PSR and trying to get more for less. It has been documented that some with substantial numbers of RRB credits have walked. I think that there’s an ulterior motive. Someday they will have PTC and FTO perfected to the point allowing automatic operation. They may eventually prove the ability to safely use a crew size of zero. Maybe they will hire someone who needs just basic training to sit in the engine, and press the big red button, if something is seen on the tracks. They can stop and get the guy a Happy Meal at McDonald’s on the way to the train. The you may or may not press the button, depending upon whether he is engrossed in playing with the Ronald McDonald toy included in said Happy Meal. In the end, with frequent turnover of staff, the need to pay significant labor protection, such as New York Dock will be mitigated. Few will be left with much time towards the maximum of six years of protection.

Re: FRA Final Rule regarding crew sizes

  by Gilbert B Norman
 
Spike, it's also elsewhere in the logistics system.

Look at the East Coast Longshoremen; grab what we can now because what will happen if anti-labor Trump is to be POTUS47?

True, the West Coast Longshoremen have a contract through May '29 - and when Trump would be out of office. But if the Asia traffic presently consigned to East Coast ports, via either Canal or "round the Cape, is disrupted, then the West Coast (maybe even including Lazaro Cardenas, Mich) will again become "find me a berth, any berth" with vessels sailing from China not knowing to where they are destined.

Finally, let's hope our "two Uncles" (and for that matter KCS-M/CPKC ) are up to handle the flood that would come their way from any extended East Coast work stoppage.

disclaimer: author Long UNP

Re: FRA Final Rule regarding crew sizes

  by Gilbert B Norman
 
A further thought.

Longshoremen, unlike rail workers, are covered by the Taft Hartley Act. This means Joe could order them back to work for eighty days.

Joe is POTUS46 for another 122 days, which gives him "room", as a lame duck, to try and reach a collectively bargained agreement, but if the "health and safety" appears endangered (don't ask me what that means, but it is language within the TH), he could impose the back to work "cooling off". TH definitely gives the government more sway to end a labor dispute than does the Railway Labor Act.

But Joe is pro-Union, and he as such would be reluctant to use those powers.

The outcome of the Election could definitely be a factor in what action, if any, the government takes to resolve the matter. But "let's not go there", as such would be "talking politics" on a matter not directly concerning the railroad industry and in violation of the guidelines promulgated by the site Administrators.

New York Times

Re: FRA Final Rule regarding crew sizes

  by eolesen
 
Joe has nothing to lose at this point. He already lost re-election, and I don't know that supply shortages as people are casting ballots is going to help.

But, the strike is on. Let's see how long it lasts.
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