Freight rail cars sit in a rail yard on November 22, 2022 in Wilmington, California. A national rail strike could occur as soon as December 5 after the nation’s largest freight rail union, SMART Transportation Division, voted to reject the Biden administration’s contract deal.

After President Joe Biden called on Congress to pass legislation that would enforce the tentative rail labor agreement, the National Railway Labor Conference and the Brotherhood of Maintenance of Way Employees Division of the International Brotherhood of Teamsters decided to pull their oars.

BMWED said pressuring Congress to pass legislation doesn't fix the problems or concerns of their workers

The statement says that it denies railroad workers their right to strike while denying them the benefit they would likely otherwise get if they were not denied their right to strike. Legislation that excludes paid sick leave will not address rail service issues. It will make supply chain issues worse and sicken railroad workers as they continue to shoulder the burden of mismanagement.

The BMWED is calling on President Biden and any member of Congress that truly supports the working class to pass any sort of reforms and regulations that will provide paid sick leave for all Railroad Workers.

In a press conference on rail preparations, Association of American Railroads (AAR) President and CEO Ian Jeffries said, "If the unions are interested in aholistic discussion for structural changes as it relates to their sick time, I think the railroad carriers would be up for aholistic discussion."

The Presidential Emergency Board reviewed the union's request for additional paid sick days and offered additional salary. The National Railway Labor Conference states that each union has a different sick day policy. If an employee is sick, they need to be out of work for 4-7 days before collecting their sick pay. One more personal day was offered by the PEB. Three personal days for railroad workers would be brought about by this. 48 hours notice is required for a personal day.

Brendan Branon told CNBC that the future of collective bargaining is in the hands of Congress and urged them to follow the recommendations of the PEB, a board created by Biden in July to resolve the ongoing dispute between major freight rail carriers and their unions pattern bargaining is the process used by trade unions and employers where demands and entitlements are made.

Branon said that pattern bargaining encourages settlement. This is the most appropriate form of settlement for complex negotiations, especially multi-employer, multi-craft agreements. The railroads have developed a set of clear practices in bargaining and additional negotiations after the tentative agreement departs from the framework recommended by the PEB, according to Branon.

Branon warns that abandoning a pattern would cause stress and risk for collective bargaining in the future for the railroad industry. I think it would apply to the airline industry, where there are a lot of outstanding negotiations. The National Labor Relations Act applies to all of those industries.

President Biden called on Congress to pass the tentative agreement, and that's when the posturing began. Nancy Pelosi said in a statement that the House would go ahead with the legislation.

According to the railroad industry, a strike could cost the economy $2 billion a day. There is a direct hit to GDP and inflation. The Association of American Railroads says 40% of cargo is moved by rail.

With the alignment of the four unions that voted not to approve a labor deal, there is a clear plan for strike preparation among the freight railroads and with sensitive cargo.

The Brotherhood of Railroad Signalmen extended its status quo period through December 8 to align with other Brotherhoods. There is a chance of a strike on December 9 if Congress does not intervene. The risk of a nationwide freight rail shutdown is posed by the fact that railroad unions that voted for a new contract will not cross the picket lines. The deals are moving in a certain direction.

Railroad carriers start preparing for a strike seven days before the strike date. Security-sensitive materials like chlorine for drinking water and hazardous materials are prioritized by the carriers.

Chemicals are not transported before the strike date. During the week of September 10, the railroads stopped accepting chemical shipments due to a previous threat, according to the American Chemistry Council.

Railroad carriers have told their members that ammonia shipments won't be allowed on the rail on December 4th.

The supply chain usually takes 4-7 days to catch up when there is a shutdown.

According to theNGFA, the four railroads move more than 80% of the agricultural freight traffic. The President and CEO of theNGFA said that they are looking for alternatives to position their product. Right now, we have no elasticity. The low water levels have added to the challenge.

Mike Sommers said that an additional 70,000 drivers are needed to move the shipments. If there was a strike, AAR said that 467,000 trucks and trailers would need to be moved.

President Biden urges Congress to take action to prevent rail shutdown