May 03, 2016
The sigh of relief that came from commuters in March at the news that a potential NJ Transit strike has been averted evaporated to a groan this weekend after two rail unions rejected a tentative agreement.
What happened and what's next? Here's what we know so far.
Q: Which rail unions rejected the contract?
A: Members of the Brotherhood of Locomotive Engineers rejected the contract on Friday and the United Transportation Union, which represents conductors, voted it down on Saturday. NJ Transit officials said that 13 other unions have ratified separate contracts, which have been approved by the agency and are in effect.
Q: What's the next step?
A: The two unions and NJ Transit now return to the bargaining table. A 60-day cooling off period is in effect.
That cooling off period was to allow time for the tentative agreement, reached in March, to be ratified. It also allows for negotiations to happen in case one of the unions didn't ratify the contract, said attorney Don Munro, a partner in employee-labor relations at Jones Day and an expert in Federal Railway Labor law.
Depending on union ratification rules, union leadership and NJ Transit can agree to extend that cooling off period.
Q: Are both sides talking?
A: Officials of both unions said they intend to return to the bargaining table. Separate meetings are being scheduled with each union, said Jennifer M. Nelson, an NJ Transit spokeswoman.
Q: Could there be a strike?
A: If the cooling off period isn't extended, the same rules apply under the Federal Railway Labor Act, which governed the last cooling-off period in March. At the end of the 60-day cooling off period, the unions could strike, NJ Transit management could lock workers out, or they could continue to talk. That period runs out at the end of June.
Q: What happens if there is a strike or lock-out?
A: If there is no agreement and a strike or lock-out happens, then Congress gets involved and could impose its own settlement, Munro said. That authority comes from the Constitution. But that is rare, happening only four to five times in the last 100 years, he said.
It would require special legislation, which Munro said is difficult to pass. Neither Congress or the President has the power to order striking employees back to work under the Railway Labor Act, he said.
Q: What could Congress do?
A: In the past, Congress has crafted settlements using terms from tentative agreements or recommendations made by Presidential Emergency Boards, Munro said. Two such boards, made up of independent mediators, were formed and made recommendations in the NJ Transit negotiations.
Since there is a tentative agreement with these two unions, Congress could impose that agreement, with some changes, he said. That legislation has to be signed by the president.
Q: How common is it for a union not to ratify a tentative agreement?
A: It used to be rare, but in the past 15 to 20 years, failed ratification votes have happened more frequently, Munro said. One reason may be due to the influence of social media, which allows a dissenting group within a union to convince their colleagues that the terms of a tentative agreement aren't in their best interest, he said.
Q: When was the last NJ Transit strike?
A: The only rail strike in NJ Transit history was in March 1983 and lasted for 34 days.
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