[Congressional Record Volume 168, Number 184 (Wednesday, November 30, 2022)]
[House]
[Pages H8661-H8667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





  PROVIDING FOR A RESOLUTION WITH RESPECT TO THE UNRESOLVED DISPUTES 
    BETWEEN CERTAIN RAILROADS REPRESENTED BY THE NATIONAL CARRIERS' 
   CONFERENCE COMMITTEE OF THE NATIONAL RAILWAY LABOR CONFERENCE AND 
                       CERTAIN OF THEIR EMPLOYEES

  Mr. PAYNE. Madam Speaker, pursuant to House Resolution 1499, I call 
up the joint resolution (H.J. Res. 100) to provide for a resolution 
with respect to the unresolved disputes between certain railroads 
represented by the National Carriers' Conference Committee of the 
National Railway Labor Conference and certain of their employees, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the joint resolution.
  The SPEAKER pro tempore. Pursuant to House Resolution 1499, the joint 
resolution is considered read.
  The text of the joint resolution is as follows:

                             H.J. Res. 100

       Whereas the unresolved labor disputes between certain 
     railroads represented by the National Carriers' Conference 
     Committee of the National Railway Labor Conference and their 
     employees represented by certain labor organizations threaten 
     essential transportation services of the United States;
       Whereas it is in the national interest, including the 
     national health and defense, that essential transportation 
     services be maintained;
       Whereas the President, pursuant to the provisions of 
     section 10 of the Railway Labor Act (45 U.S.C. 160), by 
     Executive Order No. 14077 of July 15, 2022, created 
     Presidential Emergency Board No. 250 to investigate the 
     disputes and report findings;
       Whereas the recommendations of Presidential Emergency Board 
     No. 250 issued on August 16, 2022, formed the basis for 
     tentative agreements between all of the parties to the 
     disputes;
       Whereas some, but not all, of the tentative agreements have 
     been ratified by the union memberships in final resolution of 
     certain of the disputes between the parties;
       Whereas unresolved disputes remain between the parties 
     whose tentative agreements were not ratified by the union 
     memberships;
       Whereas the recommendations of Presidential Emergency Board 
     No. 250 issued on August 16, 2022, have not resulted in a 
     final resolution of all the disputes;
       Whereas all the procedures provided under the Railway Labor 
     Act (45 U.S.C. 151 et seq.), and further procedures agreed to 
     by the parties, have been exhausted and have not resulted in 
     a final resolution of all the disputes;
       Whereas it is desirable that all such disputes be resolved 
     in a manner which encourages solutions reached through 
     collective bargaining;
       Whereas Congress, under the Commerce Clause of the 
     Constitution, has the authority and responsibility to ensure 
     the uninterrupted operation of essential transportation 
     services;
       Whereas Congress finds that emergency measures are 
     essential to national security and continuity of 
     transportation services by such railroads; and
       Whereas Congress has in the past enacted legislation for 
     such purposes: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. CONDITIONS FOR RESOLVING DISPUTES.

       (a) In General.--Consistent with the purposes of the 
     Railway Labor Act (45 U.S.C. 151 et seq.) to avoid any labor 
     dispute that threatens substantially to interrupt interstate 
     commerce to a degree such as to deprive any section of the 
     country of essential transportation service, the most recent 
     tentative agreements, side letters, and local carrier 
     agreements entered into by the covered parties that have not 
     been ratified before the date of enactment of this joint 
     resolution (including tentative agreements, side letters, and 
     local carrier agreements that have failed ratification) shall 
     be binding on such covered parties to such unresolved 
     disputes, and shall have the same effect as though arrived at 
     by agreement of such covered parties under the Railway Labor 
     Act (45 U.S.C. 151 et seq.).
       (b) Covered Parties.--In this section, the term ``covered 
     parties'' means the parties to the unresolved disputes 
     subject to Presidential Emergency Board No. 250, established 
     pursuant to Executive Order 14077 of July 15, 2022 (87 Fed. 
     Reg. 43203; relating to establishing an emergency board to 
     investigate disputes between certain railroads represented by 
     the National Carriers' Conference Committee of the National 
     Railway Labor Conference and their employees represented by 
     certain labor organizations) and the provisions of section 10 
     of the Railway Labor Act (45 U.S.C. 160).

     SEC. 2. MUTUAL AGREEMENT.

       Nothing in this joint resolution shall prevent any mutual 
     written agreement by the parties to implement the terms and 
     conditions established by this joint resolution, or prevent a 
     mutual written agreement to any terms and conditions 
     different from those established by this joint resolution.

  The SPEAKER pro tempore. The joint resolution shall be debatable for 
1 hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Transportation and Infrastructure or their 
respective designees.
  The gentleman from New Jersey (Mr. Payne) and the gentleman from 
Missouri (Mr. Graves) each will control 30 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Payne).


                             General Leave

  Mr. PAYNE. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.J. Res. 100.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Madam Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi), the Speaker of the House of Representatives.
  Ms. PELOSI. Madam Speaker, I thank the gentleman for yielding, and I 
thank him for his leadership on a very important subcommittee of the 
Transportation and Infrastructure Committee, the Railroads, Pipelines, 
and Hazardous Materials Subcommittee, which is the subcommittee of 
jurisdiction for the legislation that we are considering today.
  Madam Speaker, I thank the chairman of the full committee, Chairman 
Peter DeFazio of the Transportation and Infrastructure Committee, for 
his outstanding leadership for over 30 years in the Congress of the 
United States. He has been a champion for America's working families. 
He has been a person about the future. We have been blessed by his 
leadership.
  I commend Chairman  Jim McGovern of the Rules Committee for steering 
this urgent and necessary legislation to the floor in such an 
expeditious and effective manner.
  Madam Speaker, under President Joe Biden, we have had the most pro-
union administration in history. Indeed, he chose a Labor Secretary in 
Secretary Marty Walsh who has deep personal roots in organized labor, 
joining the Laborers' Union 223 at age 21, eventually rising to serve 
as the head of the Boston Building Trades before he became mayor of 
Boston.

                              {time}  1030

  Together, the White House, the administration, and the Congress, we 
have proudly stood with working people. Under President Biden and our 
pro-union Democratic majority, we were able to protect pensions, 
promote the PRO Act for collective bargaining and create good-paying, 
Davis-Bacon jobs in the infrastructure bill and the CHIPS and science 
law and additional legislation, because we believe that the middle 
class is the backbone of our democracy, and we believe that the middle 
class has a union label on it.
  Madam Speaker, today, we are here to safeguard the financial security 
of America's families; to protect the American economy as it continues 
to recover; and avert a devastating nationwide rail shutdown.
  We all know that for too long the railroads have made obscene profits 
on the backs of workers. Selling out to Wall Street and its outrageous 
``precision scheduled railroading,'' they have slashed jobs, increased 
hours, and cut corners on safety, while demanding more and more from 
the workers.
  Rather than reinvesting their profits into the workers, over the past 
decade they have given $150 billion in handouts to their corporate 
executives and wealthiest investors. It is just not right.
  That is why relentless labor leaders like Dennis Pierce and Jeremy 
Ferguson, whom I saw close up and watched them fight for their union 
members, among others--alongside our pro-union President Joe Biden and 
Labor Secretary Marty Walsh, as I referenced--fought furiously to 
negotiate a fairer deal for railroad workers.
  Thanks to their months of determined leadership, the tentative 
agreement that was reached has secured important advances: A 24 percent 
pay raise and a $5,000 bonus; no changes in copays, deductibles, and 
coinsurance

[[Page H8662]]

costs; and protecting the two-man crew--protecting the two-man, very 
important.
  But we know much more needs to be done for railroad workers. It is 
outrageous that every developed country in the world has paid sick 
leave except the United States of America.
  No one should be at risk of losing his or her job by staying home 
when sick, needing to see a doctor, or getting lifesaving surgery. So 
it is progress that the agreement provides some time off for routine, 
preventative, and emergency medical care.
  But what we need is paid sick leave for railroad workers and for 
every American. I hear this every place I go, not just with the 
railroads. But these railroad workers, they are very skilled. Their 
work is challenging, has some danger. They need to have these very 
talented workers, and yet, they are willing to let them go if they miss 
a few days of work because of having to get a checkup or something.
  Going to see a proctologist is not a reason why people would take a 
day off. They do that because they have to.
  So today, the House will take two important actions. First, we will 
pass shutdown-averting legislation to adopt the tentative agreement, as 
negotiated by the railroad companies and labor leaders, and again, with 
the administration at the table.
  Then we will have a separate, up-or-down vote to add 7 days of paid 
sick leave to the tentative agreement. It had always been our intention 
to do. We are doing it on the same day because of the end of session.
  Doing so fulfills our authority and responsibility under the Commerce 
Clause of the Constitution: To ensure the uninterrupted operation of 
critical transportation services; that is our responsibility as we 
fight for a fairer future for our workers.
  Let me be clear: A nationwide rail shutdown would be catastrophic. A 
shutdown would grind our economy to a halt, and every family would feel 
the strain. As many as 765,000 workers, including many union members, 
would lose their jobs in just the first 2 weeks.
  Experts project it would cost the economy up to $2 billion a day and 
raise prices on consumer products. Families wouldn't be able to buy 
groceries or lifesaving medications because it would be even more 
expensive, and perishable goods would spoil before reaching shelves. 
That is why so many Members are saying we have got to avert a shutdown 
because we have got to get produce to market in our farm communities.
  Communities wouldn't be able to get chlorine to keep their water safe 
and clean; and small businesses wouldn't be able to get their products 
to market, many of them, as I say, farmers.
  Time is of the essence. We must act now.
  I urge a strong, bipartisan ``yes'' vote on both adopting the 
tentative agreement and securing additional paid sick leave. In doing 
so, we will give our families and businesses confidence that the 
American economy will remain resilient and strong; and we move to 
enhance the dignity and the economic security of many hardworking 
Americans who keep our Nation on the move. Our Nation's hopes, really, 
are riding on this vote.
  I urge a very strong ``yes'' on both bills and both votes.
  Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I 
may consume, and I thank the Speaker for the comments.
  Today, we are here because of a failure by the Biden administration 
to prevent a rail labor strike, and it is unfortunate that we need 
Congress to act quickly to avoid, obviously, a catastrophic economic 
disaster or a consequence as a result of this.
  Freight rail is extremely important in our Nation's economy and 
national security. Approximately 40 percent of all the long distance 
cargo is transported by rail.
  In recognition of freight rail's economic importance, Congress 
enacted the Railway Labor Act. This legislation helps ensure the 
collective bargaining rights for rail workers. It created processes, 
including Congressional action, which we are doing, to ensure the 
prompt settlement of labor disputes that could interrupt interstate 
commerce and damage the economy.
  When an agreement was not reached this past August, President Biden 
appointed a PEB--it is called a Presidential Emergency Board--and it 
recommended a very robust package of pay and benefits for railway 
workers: Salary increases of 24 percent started retroactively, by the 
way, in 2020, which goes through 2024.

  There was generous, very generous, health benefits, with employee 
contributions capped at 15 percent of premiums; and an additional paid 
day off.
  But it should be noted that the Biden administration's PEB 
recommendations did not agree with the unions' demands for additional 
paid or sick leave; and I am disappointed that the Democrats, in the 
eleventh hour, altered the items, these particular items, to cater to 
the demands. This is an extreme and an unprecedented version of the 
necessary congressional intervention.
  As the original September deadline for a strike approached, President 
Biden's Secretary of Labor, Marty Walsh, negotiated a tentative 
agreement with the railroad companies and all 12 of the rail union 
leaders. President Biden hailed the agreement as a ``win for rail 
workers,'' and Secretary Walsh and other union leaders, they praised it 
as well. We all saw that in the news.
  But it is now clear that the administration cannot close their own 
deal. Eight of the 12 unions voted to ratify the tentative agreement. 
Four voted it down, and a rail strike is now possible at midnight on 
December 9, as we approach a very busy holiday season.
  So it now falls on Congress to avert a railway shutdown that would 
literally devastate the economy, which is already coping with the 
disastrous consequences of the administration's economic policies.
  A rail shutdown would severely disrupt supply chains and add to the 
40-year high inflation that we are already seeing. It would lead to 
higher energy costs as winter weather raises energy demand; and it is 
going to disrupt global food supplies.
  The estimates are that America's economic output could decline by $2 
billion a day. For these reasons, organizations representing just about 
every industry in the economy have called on Congress to avoid a 
crippling rail strike; and it never should have come to this.
  But I encourage my colleagues in this process to avert a strike. I do 
encourage my colleagues to support H.J. Res. 100. While the rail strike 
is imminent if something isn't done, what folks need to understand as 
well is the railroads will have to start shutting down a lot of the 
critical--particularly hazmat--hazardous material movement. They are 
going to have to shut that down earlier, in fact, a week earlier, and 
it is absolutely going to cripple the economy.
  Anhydrous ammonia is one of those things; and if you live in a rural 
State or you live in a very agriculture-dependent district, right now 
is the time when anhydrous is being applied. So that is just one area, 
just one area as an example that we are going to see some serious 
problems if this isn't averted.
  Again, it is very sad that the majority chose to change this at the 
very last minute, and now we are voting on two different resolutions 
with a very, very, generous paid sick leave, in addition to what is 
already out there in terms of employees who have health issues.
  Madam Speaker, I reserve the balance of my time.
  Mr. PAYNE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, it is deeply unfortunate that Congress has had to 
assume the role of mediator in order for our Nation to avoid the 
widespread repercussions of a rail shutdown.
  Let me be clear: We are all here today due to the inability of the 
railroads to negotiate paid sick leave, period, an essential component 
of any humane and decent work environment.
  I thank the nearly 115,000 dedicated, hardworking, and essential 
freight rail workers who have kept our economy alive through some of 
our Nation's most challenging times.
  As chairman of the House Subcommittee on Railroads, Pipelines, and 
Hazardous Materials, the decision to intervene and prevent the freight 
rail shutdown was not easy by any means.
  However, with nearly one-third of the Nation's freight moved by rail, 
the failure to prevent a rail stoppage would be

[[Page H8663]]

irresponsible as it would have devastating consequences on our economy 
and everyday American life.
  Not only would a stoppage stunt our economic growth, it would disrupt 
supply chains around the world and skyrocket the cost of fuel and food 
just before winter. We all know this would put us dangerously close to 
the possibility of a recession, something American farmers and small 
businesses simply cannot afford after years of neglect under the former 
occupant of the White House.
  Shirking our duty to act would inflict harm on every American family, 
with soaring costs at the pump and rising prices at grocery stores. 
Therefore, we simply cannot afford to idle at this critical juncture.
  But mark my words: The rail industry should be ashamed for bringing 
us to this place. They have failed to meet the needs of the men and 
women who have demonstrated nothing short of courage over the past 
couple of years.
  I promised to help pass meaningful legislation that would prioritize 
the needs of workers. That is why I am cosponsoring a bill which will 
be before you later today that will provide 7 days paid sick leave to 
rail employees.
  I urge each of you to join me in doing what we must do to prevent a 
rail strike and defend our rail employees, guardians of our economy.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1045

  Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  I am going to talk a little bit about the sick leave, the paid sick 
leave, that we continue to hear about throughout this process. You have 
got to remember, what we are debating right now is the President's 
recommendation. This is what his board recommended, what they 
negotiated, and what the President asked Congress to support.
  But what is claimed is that they don't have the sick days, and that 
argument is very misleading. The tentative agreement found in this bill 
that we are debating right now, H.J. Res. 100, provides workers with 
several avenues of different types of leave, which were very carefully 
considered by the members of the PEB, in balance with higher levels of 
compensation and increased benefits.
  In short, the neutral PEB, that the President appointed, rejected 
union demands for additional paid leave. Traditionally, labor unions 
have negotiated with freight railroads for very generous benefits to 
make up for what we consider traditional sick days.
  This agreement is no exception and includes a very historic 24 
percent--I mentioned this earlier--24 percent increase by 2024, that 
comes with $11,000 in back wages and an additional $1,000 a year in 
bonus payments. This is in addition to a very generous healthcare 
benefit which employees contribute--think about this--employee 
contributions are set at 15 percent. The average employee contribution 
for family coverage in the United States is 28 percent of the premium.
  So let's be clear. We can't have our cake and eat it too, which is 
exactly what the majority is attempting to do with this concurrent 
resolution. Rail labor is set to receive a 24 percent increase by 2024, 
and that is going to set an average wage and benefits compensation 
level of more than $160,000 a year. That is the highest package in 
almost 50 years, an average immediate payout of $11,000--I am repeating 
myself, but it bears repeating--an average payout of $11,000 in back 
wages and an additional $1,000 a year in bonus payments. The additional 
days of paid time off for all employees are included.
  So we are talking about a lot of different things here. But the PEB 
did not miss something on this topic. Experienced, neutral PEB members 
studied and reviewed the issues and ultimately had to balance many 
competing interests to come up with this holistic recommendation for an 
agreement.
  The PEB's report recommends that any particulars about sick leave and 
attendance policy should be dealt with locally, not through national 
bargaining, and could be addressed through binding arbitration, which 
was refused when the National Mediation Board recommended this in June 
2022.
  It is further stipulated that to the extent that these issues are not 
directly addressed by the framework, they are being indirectly 
addressed by compensation through much higher wages. In other words, 
the PEB's recommendation of a 24 percent increase in wages, per the 
union's request, basically balanced off the union's request for 
increased paid time off. That was the debate, that was the agreement, 
and that is what we are being asked to support.
  Madam Speaker, I reserve the balance of my time.
  Mr. PAYNE. Madam Speaker, I yield 1 minute to the gentleman from 
Washington (Mr. Larsen).
  Mr. LARSEN of Washington. Madam Speaker, I rise to support H.J. Res. 
100 as well as the follow-on, H. Con. Res. 119.
  Few people prefer to be here today to pass this legislation, but 
Congress has the authority to act because we have to. It is not because 
we want to, but we have to prevent a work stoppage, and we have to 
recognize that the tentative agreements fall well short of what is 
necessary for paid leave for rail workers.
  Benefits do not replace paid sick leave. Going to work sick to earn 
your wage increase, who does that? Who requires that? Only the rail 
industry. So we should pass H.J. Res. 100 and afterward pass H. Con. 
Res. 119 to address the woefully inadequate sick leave provisions in 
the tentative agreement.
  Mr. GRAVES of Missouri. Madam Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. Nehls).
  Mr. NEHLS. Madam Speaker, President Biden took two victory laps 
before this election.
  One was an illegal bribe to college graduates that the court struck 
down and the second was this unsuccessful rail-labor agreement.
  They both failed. They were both lies to win an election.
  Now, it falls on Congress to clean up his mess and avoid a rail 
strike, which would be catastrophic for our economy. It is estimated 
that a rail strike will cost the economy roughly $2 billion--with a b--
$2 billion per day.
  The U.S. rail system moves cargo roughly the equivalent of 467,000 
long-haul trucks each day. If you think inflation is bad now, imagine 
what happens when our railroads go offline and our supply chains become 
even more strained and unpredictable. The cost of moving anything will 
skyrocket overnight just in time for Christmas. Our businesses and 
workers need certainty to operate in the environment.
  For this reason, I plan on voting for H.J. Res. 100. The agreement is 
supported by our railroads, shippers, and 8 of the 12 unions. I 
encourage my colleagues to do the same. Every major industry from 
automobiles to agriculture to energy will be severely impacted if we 
fail to act. These are some of the largest drivers of inflation and 
will directly increase the prices for American consumers.
  In conclusion, I would just like to point out that this deal is a 
great deal for the railroad workers. By the end of this deal, the 
average wages to rail workers will reach $110,000 per year, with total 
compensation averaging $160,000.
  It is unthinkable that four railroad unions are holding the Nation 
economically hostage.

  The SPEAKER pro tempore. Members are reminded to refrain from 
engaging in personalities toward the President.
  Mr. PAYNE. Madam Speaker, I yield myself such time as I may consume.
  Yes, I am glad that you pointed that out to the gentleman on the 
other side. This just appears that it is going to be a President Biden 
bashing opportunity, but we are here for very important reasons. All 
the reasons the gentleman just stated are serious in nature and why we 
are here, for all those reasons.
  We have to act, and it is our responsibility. It has come to us, as 
much as we might not like it, to have to negotiate this. We are 
standing right in front of a looming work stoppage, and we have to act 
for the millions and millions of Americans that would be impacted by 
these measures.
  Madam Speaker, my friend from the other side of the aisle mentioned 
how wonderful this package is. It was fairly generous, he was right. 
They hadn't had a deal in 3 years, so 24 percent sounds like a great 
increase. But over 3 years--divide that by 3--it is 8 percent, which is 
a relatively fair increase.
  I think we should deal with the issues at hand, let's not make this

[[Page H8664]]

about bashing the President, and do the work that we need to do.
  The railroads have said that workers already have sick time. Is that 
true?
  Well, let me answer that.
  It is not true. Unless you believe what the railroads want you to 
believe that when people get sick they should use their vacation time 
for sick days.
  Now, I am not sure how on the other side of the aisle their offices 
are operated, but I thought we are all one Congress, so it is done in 
the same manner. All my staff have sick days. I believe most of the 
people that work for this body have sick days. I don't know if they 
don't have sick days on the other side. I think that would be 
reprehensible. But that we are fighting for people not to have what we 
have is unfortunate and unjust.
  We are just trying to do the right thing for the country and for 
these workers who have not been able to get the railroads--who have had 
profits out of the stratosphere in the last decade--to get them to do 
the one thing that the labor unions ask.
  They didn't ask for the large raise, the benefits, which are all 
good. They wanted to deal with sick pay, and the railroads refused to 
do it.
  Madam Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. 
Jackson Lee).
  Ms. JACKSON LEE. Madam Speaker, I am on the floor today because I 
have a heart, and I hope that I will be joining those who will be 
deliberating very seriously about this legislation.
  First, I thank Mr. DeFazio for his leadership on the Committee on 
Transportation and Infrastructure and his engagement, but I also thank 
my dear, dear friend, Congressman  Don Payne, whose vision and 
commitment and big heart have literally put us in a place where our 
hearts can control our minds.
  How indecent is it to have companies who refuse to negotiate with our 
rail unions, specifically our rail unions. I know we have many letters 
from our suppliers. They don't want a strike. I don't want anything to 
impact negatively on America or on my city of Houston. But I must 
challenge what we are trying to do with respect to the rail companies.
  I am standing with the unions, my locals, and my national. The reason 
is--I think we should put into the Record--BNSF Railway, $23.3 billion 
in revenue; Union Pacific Railroad, $21.8 billion in revenue. Ownership 
of BNSF, 46 percent owned by Wall Street; CSX, 35 percent owned by Wall 
Street; Union Pacific, 34 percent; Kansas City Southern, 33 percent; 
Norfolk Southern, 32 percent.
  Is there any heart in it being only about dollars?
  I think it is important that there be a 24 percent pay raise, 
bonuses, no changes in copays, and allowance of time off for routine 
procedures. But how indecent is it that they would not sit down and 
provide sick days in the most dangerous professions.
  Houston is the crossroads, starting from the western frontier days, 
of railroads. We have tracks everywhere. They are an inconvenience for 
our community, no matter where you live, but predominantly in minority 
communities.
  They cause ambulances to stop. They injure and cause schoolchildren 
to have to cross tracks, and they contaminate our neighborhoods.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. PAYNE. Madam Speaker, I yield an additional 1 minute to the 
gentlewoman from Texas.
  Ms. JACKSON LEE. Madam Speaker, they contaminate our neighborhoods. I 
know you are on the Committee on Energy and Commerce. It is 
unbelievable, and they won't clean it up, from the EPA to every place 
we have gone, and people are suffering from cancer.
  But I want to do the right thing today, and I cannot imagine, H. Con. 
Res. 119 is what I am standing on, because it does not make sense to 
not provide people with sick days. Paid sick leave for employees is a 
bare necessity, which I think should be extended, and paid time off for 
family medical leave, as well. But time paid off for sick leave is a 
top priority for rail workers, especially when their jobs expose them 
to risks, such as toxic dangers in the rail yards and dangers on the 
trains, as well.

                              {time}  1100

  It is ironic that the railroads resist providing flexibility to their 
workers' schedule to provide these sick days. Every company that is 
decent in America should run toward giving sick days, a mere 7 sick 
days.
  I rise to support both my community fighting against contamination 
and I rise to support this underlying legislation. I hope the White 
House will take my call, because I will be trying to determine how this 
will move forward.
  I thank President Biden for his great leadership. He is a labor 
President.
  Madam Speaker, I rise in strong support of H.J. Res. 100 and H. Con. 
Res. 119, legislation to address unresolved disputes between certain 
railroads and their employees.
  The resolutions before us today would avert a debilitating rail 
strike on December 9th. The legislation is the result of the Biden 
Administration's negotiations with railroad companies and rail worker 
unions to craft an agreement to treat rail employees fairly in light of 
longstanding workforce issues.
  President Biden has called upon Congress to pass this legislation in 
accordance with our authority under the Interstate Commerce Clause to 
ensure the uninterrupted operation of our nation's critical 
transportation systems that impact every American and our entire 
economy.
  Congress has the responsibility to prevent a disruption of rail 
service that would cripple our economy and impose severe hardships on 
every American that would have a very tangible effect, especially as we 
head into the holiday season.
  H.J. Res. 100 would adopt the tentative agreement that was reached in 
September between railroads represented by the National Carriers' 
Conference Committee of the National Railway Labor Conference and the 
railroad workers represented by twelve unions and related 
organizations.
  The key provisions of the tentative agreement that makes great 
strides toward protecting the rights and advancing the basic needs of 
rail employees for the next 2 years include:
  a 24 percent pay raise and a $5,000 bonus;
  no changes in copays, deductibles or coinsurance costs for health 
care services; and
  some allowance of time off for routine, preventative and emergency 
medical care.
  These are very substantial advances that justify our support of H.J. 
Res. 100, both because it improves conditions for rail employees and 
because passage of this resolution is absolutely essential to avert a 
strike and disruption of rail service that would be catastrophic for 
our entire country.
  However, the progress made by negotiations is not enough. It does not 
sufficiently safeguard rail workers' rights and dignity in ways that 
are recognized as essential in America.
  It is absolutely essential that workers be given seven days annually 
of paid time off when they are sick.
  I applaud the four rail worker unions that have objected to the 
tentative agreement because of its failure to provide seven days of 
paid time off for sick leave.
  That is why we will also be voting on H. Con. Res. 119, a resolution 
that would supplement the tentative agreement by directing the 
railroads and the unions to negotiate within 30 days a means to provide 
seven days of paid time off annually for sick leave without any adverse 
impact on a worker's employment status.
  Seven days of paid time off annually when a rail worker becomes sick 
is essential for a number of reasons.
  First, it is the right thing to do, as it is morally repugnant that 
rail employees are expected to be immune to sickness and should be 
economically hampered when they become ill.
  Second, because railroads have decreased their workforce by almost 
one-third in recent years compared to previous levels, the workplace 
demands on rail workers have increased. That increased work 
precipitates sickness. It is unconscionable and illogical for railroads 
to elevate their employees' health risks, and then fail to stand by 
them when they get sick.
  Third, railroads have been raking in extraordinary profits in recent 
years, in part by reducing their workforce and placing higher burdens 
on their remaining employees. As a result, the railroads cannot claim 
that they are unable to financially afford seven days of paid time off 
annually for their employees who enable the companies to be so 
profitable. Their miserly objections should not be taken seriously.
  Paid sick leave for employees is a bare necessity, which I believe 
should be extended to paid time off for family medical leave, such as 
when a rail worker needs to care for their sick child or take them to a 
doctor. I will continue to fight for employees to gain this basic 
benefit, even though that effort will have to be resumed at another 
time.
  Paid time off for sick leave is a top priority for rail workers, 
especially because their jobs

[[Page H8665]]

expose them to risks that can manifest in health problems. It also 
carries an additional consequence, as paid time off requires railroads 
to be more flexible in establishing work schedules that are responsive 
to employees' health and family needs. It is ironic that railroads 
resist providing flexibility to their workers' schedule needs while, at 
the same time, those railroads routinely plead for the public's 
patience and understanding when it comes to the railroads' schedules of 
transport and delivery.
  My Congressional District in Houston is regularly affected by 
railroad delays that impair mobility, timeliness, and delivery of 
materials in Houston. The problem is so pervasive that the railroads 
have gained a reputation in Houston and Harris County for their 
constant delays.
  The railroads' resistance to provide essential protections for their 
employees is, unfortunately, emblematic of their prioritization of 
their own interests over the public interest.
  The railroads repeatedly demonstrate this, for example, in my 
Congressional District, by their lassitude in cleaning up the toxic 
contamination and Superfund consequences imposed by CREOSOTE.
  This is a long-festering problem for which I have been advocating 
resolution for years. But even so, the creosote problem in Houston 
continues, and the railroads still have not taken sufficient action to 
remediate the problem.
  Madam Speaker, it is imperative that we pass this rule and the two 
resolutions addressing the needs of railroad employees that it allows 
to be brought to the floor today.
  If we do not pass these resolutions, rail service will be interrupted 
nationwide, causing severe hardships to families and all aspects of the 
American economy. The effects of a stoppage in service would include:
  as many as 765,000 workers, including many union members, would lose 
their jobs in just the first two weeks of a strike;
  millions of families wouldn't be able to get groceries, medications, 
and other goods;
  many communities wouldn't be able to acquire the essential materials 
to keep their water supply clean;
  businesses wouldn't be able to get their products to market; and
  perishable goods would spoil before reaching consumers.
  Madam Speaker, families will suffer harsh consequences if we do not 
pass these two resolutions. I strongly support passage of both 
resolutions and urge all of my colleagues to join me in voting to pass 
them.


                                          United Steelworkers,

                                 Pittsburg, PA, November 30, 2022.
     Re United Steelworkers urges support of H. Con. Res. 119

     House of Representatives,
     Washington, DC.
       Dear Representative: On behalf of the United Steelworkers 
     union (USW), I urge you to support H. Con. Res. 119, which 
     provides for a correction in the enrollment of H.J. Res. 100. 
     This amendment would provide a technical correction to H.J. 
     Res. 100 that would ensure that rail workers do not get 
     penalized for taking seven days of paid sick leave annually.
       After a lengthy negotiating process in which the major 
     railroads called multiple times for Congress to intervene, 
     Congress may step into this bargaining process, and at the 
     same time remedy a situation where workers can get fired for 
     going to a doctor's appointment.
       The Class one railroads generate over $80 billion in 
     operating revenue, and have reported significant increases in 
     operating income and profits over recent years. The major 
     railroads reduced headcount by 20-30 percent over the past 
     several years, at the expense of workers' health and ability 
     to see their families, and has resulted in reduced train 
     service.
       USW urges the adoption of seven days paid leave to the 
     pending implemented contract, and in the future, we urge the 
     major railroads to bargain in good faith going forward with 
     their respective unions.
           Sincerely,
                                                    Thomas Conway,
                                          International President.

  Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  We were discussing earlier about this being a Presidential bashing or 
whatever the case may be, but I have to ask the question, why are we 
here? Why is Congress doing this?
  The reason is, Madam Speaker, because the President failed, the 
administration failed, and that is the reason this was brought to 
Congress, so Congress could intervene and move this forward.
  I might also point out that the package that we are debating right 
now is recommended by the President's PEB, by his board that he 
appointed. The President himself wants us to pass this package.
  I am going to quote the Speaker, who just, what, Sunday said, ``This 
week, the House will take up a bill adopting the tentative agreement--
with no poison pills or changes''--or changes--``to the negotiated 
terms--and send it to the Senate.''
  And now they are backing up on that process. That is really what is 
wrong or what is happening today is they are backing up on that and 
trying to renegotiate. They are trying to renegotiate this whole 
process that a lot of people have put time and effort into and came to 
an agreement, and now there is no reason anymore.
  Why do we even have the system set up the way it is if Congress is 
going to come in and make changes to all of the recommendations?
  Madam Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume. 
Rank-and-file union members vote on ratifying contracts. I hope that is 
understood. After working harder and longer and under worsening 
conditions for years, they have spoken loudly about wanting to improve 
quality of life, including paid sick time. The railroads have refused 
to give them this basic benefit, causing us to be here today. Yes, we 
are talking about two pieces of legislation here. We are dealing with 
H.J. Res. 100, which the President is asking us to support and to pass, 
but I would not be able to live with myself if I did not respond to the 
workers.
  They started out with 15 days, Mr. Speaker, asking for 15 days of 
sick time and were willing to finally negotiate down to 4. Just 4. That 
is all they have asked for. And yet and still these profit-grossing 
railroads could not find their way to give them 4 days. They said, you 
know what, go on unemployment if you are sick.
  I mean, who asks? Is that something that we ask our employees to do? 
Do we ask people across this Nation to do that? It is unconscionable. 
For our colleagues on the other side of the aisle not to acknowledge 
that is just unconscionable.
  Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. 
Levin).
  Mr. LEVIN of Michigan. Mr. Speaker, I thank the gentleman from New 
Jersey not just for yielding me time but for his outstanding leadership 
on this issue. I thank Speaker Pelosi for hearing our cry to include 
paid sick leave today.
  If the rail unions asked Congress to stay out of this current 
dispute, I would work hard to honor their wishes, but they have not 
done so. So the question becomes, what agreement will Congress impose?
  The Railway Labor Act gives us unfettered power to choose any terms 
we think fair. In general, I think we should honor the collective 
bargaining process and pass the TA agreed to by the parties and the 
Presidential Emergency Board, but we must modify the deal and include 
paid sick leave.
  Thousands of rail workers voted against the TA because the Precision 
Scheduled Railroading system is inhumane and insults the dignity of the 
workers. Basic justice requires us to act.
  I would strongly have preferred that we send a clean resolution to 
the Senate, including sick leave. It is not even December. We have a 
week. We are in session this week; we are in session next week. Lord 
knows the industry can afford it. They are making obscene profits and 
are the very symbol of income and wealth inequality which is plaguing 
this Nation.
  Although the way we are doing this is not my first choice, I 
appreciate our leadership providing us a way to support sick leave for 
these workers and send paid sick time for rail workers to the Senate. I 
hope they join us in supporting a slightly more humane schedule for the 
rail workers of this Nation.
  Mr. GRAVES of Missouri. Mr. Speaker, may I inquire the time remaining 
on both sides?
  The SPEAKER pro tempore (Mr. Butterfield). The gentleman from 
Missouri has 16\1/2\ minutes remaining. The gentleman from New Jersey 
has 14\1/2\ minutes remaining.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 7 minutes to the 
gentleman from Arkansas (Mr. Crawford), who is the ranking member of 
the Railroads, Pipelines, and Hazardous Materials Subcommittee.
  Mr. CRAWFORD. Mr. Speaker, we are here today because of the colossal 
failure of Joe ``Union'' Biden, the

[[Page H8666]]

President who has by his own declaration been the most union-friendly 
President in history. He has been here since 1970. Joe Amtrak, Joe 
Lunch Box, whatever you want to call him, has punted this to us to deal 
with his colossal mistake.
  I can't wait for the rails to be running and make sure they have 
plenty of rail cars available to haul off these carloads of bovine 
residue that is being spread around here today because the President 
waded into something that he wasn't able to finish.
  The misinformation that is being proliferated here about the sick 
days, why is there no mention of the actual sick days in the PEB, the 
number of sick days that we are adding to?
  In fact, we came to a resolution, myself and the soon-to-be Chairman 
Graves, that codified the PEB recommendation. A 24 percent pay raise, 
24 percent. Let's keep in mind that we are in a recession. I would like 
for us all to get a 24 percent raise. But we codified a 24 percent 
raise, 14 percent of which would take effect immediately, the balance 
of which would take place over the next 4 years, $5,000 bonus; 8 of the 
12 unions agreed.
  That was the PEB recommendation, and we were willing to choke that 
one down and say, okay, because our economy, in this frail, fragile 
state created by President ``Joe Union'' cannot sustain a $2 billion a 
day economic hit. So for the good of the country, we will choke that 
down.
  Well, then they say, well, we are going to have a cooling-off period, 
we will think about it. Then they come back and say: No, we are going 
to strike on December 9. December 9.
  We are approaching wintertime. How many people across the country are 
going to be relying on the commodities necessary to heat their homes? I 
don't know the millions of people that would be impacted negatively. 
This isn't about Christmas presents, although that is a big part of it. 
Because of the economy, we are not going to have as many Christmas 
presents this year anyway. But on top of it we are going to freeze 
people out?
  These unions put a gun to the head of the American people and say: 
This is what we want, and we are not going to play ball.
  So the President's PEB, the Presidential Emergency Board, makes this 
recommendation. We go ahead and put legislation in place to support 
that, and at the eleventh hour here we are, and my friend from New 
Jersey, the chairman of the Railroads, Pipelines, and Hazardous 
Materials Subcommittee, said, yeah, we will take that. We are going to 
add one sick day.
  Okay, I can live with one sick day. What I can't live with is the 
game they are playing legislatively, when they make a promise, we are 
not going to put poison pills on this bill, and then they come back 
after the fact and throw this 119 kicker in place. A flat-out lie and 
another colossal failure on the part of the outgoing Speaker because 
she couldn't get the votes on her side of the aisle to vote for 100, 
the PEB recommendation, the PEB recommendation that the President asked 
for, President ``Joe Union'', and yet here we are having to deal with 
119, the additional poison pill that the Speaker said would not be 
present in this legislation.
  That is what is wrong with this institution, by the way, when people 
say they are going to do something, and then 20 minutes later they 
reverse themselves. This came out last night, by the way, late in the 
evening, so no one would be aware of it, and now we are having to deal 
with it. It makes a mockery of this institution.
  By the way, the authority that we have to deal with this doesn't 
mandate that we deal with it. It just says we have the authority. By 
the way, that authority was given in 1926, almost 100 years ago.
  What a colossal failure on the part of the President and on the part 
of the Speaker that we have to be here at all wasting valuable time of 
this body that we could be doing so many more important things for our 
people in this country than having to deal with this hostage situation 
at a time when our economy cannot sustain it, a $2 billion a day hit 
that is about ready to hit us right in the face at a time when our 
folks, particularly in the Northeast, that rely on commodities like, 
for example, heating oil, and we can't move it. By the way, maybe we 
could move it more efficiently if our pipelines were working like they 
should be. But, again, the President saw to that.
  We don't have adequate resources in the trucking industry. We are at 
a driver shortage. We can't just rely on the trucking industry to fill 
that void. So again, President Joe ``Union'' Biden, ``Lunch Box'' 
Biden, ``Amtrak'' Biden, whatever moniker you want to go by, Mr. 
President, this is on you. This is your failure that you have punted 
into the House of Representatives to clean up your colossal mess.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. PAYNE. Mr. Speaker, I yeild myself such time as I may consume. I 
am glad to know how the gentleman on the other side really feels about 
this being a waste of time in saving the Nation from a colossal $2 
billion hit, as he would put it, that this is a waste of time. I am 
glad that he lets the American people know how he really feels about 
this effort.
  We are in a situation where we don't have very much of a choice right 
now for the reasons that he stated. It would be a $2 billion hit to 
this Nation every single day, and it would impact the lives of American 
families across this Nation.
  So, yes, for whatever his disappointment is or whatever it is, we are 
here, and now we have to act and save the Nation from that perilous 
situation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume. I don't have any other speakers at this time. I do want to 
point out this statement was made: ``Now we have to act to save the 
Nation.'' Now we have to act to save the Nation.
  Why is that?
  Because the President failed, Mr. Speaker. It is because the 
administration failed. That is why we have to act.
  Is it a waste of time?
  It absolutely is a waste of time because the administration failed. 
That is the reason Congress is here.
  Mr. Speaker, again, I don't have any additional speakers, and I 
reserve the balance of my time.

                              {time}  1115

  Mr. PAYNE. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Garcia).
  Mr. GARCIA of Illinois. Mr. Speaker, I rise today in strong support 
of H.J. Res. 100 because it is time that we stop paying lip service to 
the men and women in the rail industry and give them the dignity that 
they deserve.
  Rail workers, like all union workers across trades, always get the 
job done. Whether it is the incredible heat of the Southwest or the 
bitter-cold winters in cities like Chicago, they never stop.
  There is one thing that the pandemic taught us. It is that we can't 
keep treating them like they are expendable. A rail strike is 
unthinkable, and so is a world where rail workers are forced to work 
sick or penalized if they take a day off when they are ill.
  Chicago, and the people I represent, live and work in the Nation's 
heart and center of America's rail network. This isn't abstract for me. 
It is my neighbors. We see these hardworking men and women getting the 
job done, rain, shine, or snow.
  When I said I wouldn't vote for a deal that doesn't include paid sick 
leave, I meant it. Paid sick leave should be a right and not a 
negotiation chip. That is why I will vote on the floor, not the 
ceiling.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, in closing, a freight rail strike would devastate the 
supply chain, and it would literally shut down the country.
  Again, estimates are that the strike would cost the economy up to $2 
billion per day during a very busy holiday season.
  This strike comes only months after President Biden celebrated 
avoiding a railway strike, remember? Now, the President and his Cabinet 
have given up on leading. They have retreated in failure, and they 
kicked this problem to Congress for us to decide.
  The terms of the tentative agreement found in this resolution are 
more than fair for railroad workers: a 24 percent increase in wages, 
which is retroactive,

[[Page H8667]]

and employee contributions to healthcare capped at 15 percent.
  This is supported by the freight railroads, shippers, and 8 out of 12 
of the labor unions involved. This was a very negotiated proposal. It 
had bipartisan momentum that was building for this resolution. 
Unfortunately, the majority decided to play political games with the 
economy, and they went back on the President's and the Speaker's stated 
support for implementing the terms of the tentative agreement. This is 
beyond bad faith. This is just simply reckless.
  I point out that what we are debating right now and what we will vote 
on with this is the tentative agreement. That is the original 
agreement. We will go on next to vote on the extra benefits.
  Despite the Speaker and the President's decision to cower to the 
progressive demands by having a second vote on the revised agreement, I 
do plan to support this resolution, this one right now that we are 
debating, to implement the tentative agreement as it was debated, as it 
was negotiated, in an effort to stop an economically ruinous rail 
shutdown, and I urge my colleagues to do the same.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I thank my colleague on the other side of the aisle for 
once again making the points that we have tried to make.
  You will have the opportunity to vote on H.J. Res. 100. It has been 
mistakenly portrayed as a poison pill. There is no poison pill. You 
have the opportunity to vote on H.J. Res. 100.
  Then, there is a second piece of legislation. You are welcome. We 
separated them. We separated them, but we had to do something.
  This, Mr. Speaker, is about fairness. Just as you have a vote in this 
body, each member has a vote to ratify or not ratify. The workers in 
the labor unions have a vote to ratify or not ratify.
  Your leadership comes up with, sometimes, things that you want to see 
done. Does everyone vote with the leadership? It was a negotiated deal. 
Eight of the 12 ratified; 4 did not. And 115,000 workers, the majority 
of the workers, are in those four unions, from what I understand. So, 
it is a fair majority of the workers that did not ratify this.
  Do you mean to tell me that every time your leadership gives you 
something that they negotiate that you vote on it? No. There are some 
times you don't vote with what your leadership has brought you.
  These people are doing the same thing that you are allowed to do in 
this body, and I don't think that is a situation that is unrealistic.
  Now, as the railroads implemented drastic changes that brought steep 
workforce cuts--that is right, cuts--and closures of yards and shops 
and associated jobs, and pushed workers to the brink during the 
pandemic, our railroad workers showed up every day and night out of 
their commitment to our country, serving as defenders in chief of our 
economy. That is patriotism and deserves to be honored.
  During the pandemic, they suffered through some of the most strict 
attendance policies in our country in order to keep our economy alive. 
We shouldn't have to intervene, but we must ensure that Americans don't 
have to pay for the greed of those who have yielded the benefits of 
record-breaking profits and won't meet their employees' demands for 
basic human rights.
  Paid sick time is a basic necessity required to recover from being 
ill that all of your staffs have. It helps prevent sick workers from 
making preventable safety mistakes.
  Time has proven that railroads are unwilling to settle this dispute, 
despite having more than enough money to pay for these basic benefits. 
Railroad CEO salaries continue to exceed as much as 144 times what the 
average railroad worker makes. Still, they are unwilling to bend for 
paid sick time off. I wonder what they do when they are sick.
  All the while, they know that their profits are built off the backs 
of these dedicated rail workers who deserve so much more.
  Despite the challenging decision to intervene, I will continue to 
press the rail industry to do what they know to be right by their 
workers. Once we pass this legislation, we will pass legislation that 
guarantees paid sick leave for rail workers since the industry has 
decided they wouldn't.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1499, the previous question is ordered 
on the joint resolution.
  The question is on the engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.
  The SPEAKER pro tempore. The question is on passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GRAVES of Missouri. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  Pursuant to House Resolution 1499, H. Res. 1495 and H. Con. Res. 118 
are considered as adopted.

                          ____________________