LIRR and unions can't reach 'voluntary settlement,' edge closer to strike

Five unions representing nearly half all LIRR workers could be weeks away from a strike, unless the White House intervenes in their ongoing contract impasse with railroad management, union officials said.

In a letter to members, the heads of the Brotherhood of Locomotive Engineers, Brotherhood of Railroad Signalmen, International Brotherhood of Electrical Workers, Transportation Communications Union, and the International Association of Machinists and Aerospace Workers said the National Mediation Board ruled Wednesday that the unions and LIRR management "have been unable to reach a voluntary settlement," and have been invited to enter into binding arbitration.

The union leaders wrote in the letter dated Thursday that they intend to reject the board’s offer, triggering a federally mandated 30-day "cooling off period," after which either party in the contract dispute, or Gov. Kathy Hochul, could request the White House intervene by impaneling a "Presidential Emergency Board" of mediators.

If none of the parties request White House intervention, the unions would be legally allowed to go on strike as early as next month.

In the letter, the union leaders said they have "been working steadfastly to reach a fair and equitable agreement with [LIRR management] — one that at the very least maintains real wages and aligns with industry standards for the period under negotiation."

"Unfortunately, the Long Island Rail Road remains firmly opposed to such terms," they wrote.

In a statement Friday, Tim Minton, communications director for the Metropolitan Transportation Authority, the LIRR's parent organization, said the National Mediation Board's decision "to accelerate the possibility of an LIRR work stoppage" is unprecedented, and "inconsistent with the purpose of the law, which is to facilitate orderly collective bargaining and labor relations."

Minton said, unlike the unions, LIRR management is interested in entering into binding arbitration.

Officials with Hochul's office, the White House, and the National Mediation Board, an independent, federal agency that manages labor relations in the railroad and airline industries, did not respond to requests for comment.

One of the unions involved in the contract dispute earlier this month directed members to vote on a possible strike — a move that MTA policy and external relations chief John McCarthy suggested, at the time, was premature, given that the federal mediation process "has a long way to go before any strike action would be possible."

With the National Mediation Board's wrapping up its initial efforts to resolve the dispute, that process is now fast-tracked. The case now enters into a series of time-restricted stages, including the empaneling of up to two Presidential Emergency Boards, which consist of White House-appointed mediators who hear from both sides of a contract fight and issue nonbinding recommendations. If, after that, "a settlement has not been reached, the parties are free to resort to self-help and cannot be enjoined from doing so," according to Federal Railroad Administration documents.

The unions have rejected an offer for a three-year contract with 9.5% in raises, similar to terms already accepted by other labor organizations at the Metropolitan Transportation Authority — the railroad’s parent organization — including unions representing more than half the LIRR workers, according to the MTA.

The unions have called for higher raises that they say are in line with those offered by other railroads throughout the United States.

"We will not reward the intransigence of five LIRR unions — already the highest paid railroad employees in the country — that refuse to accept the same wage increase and benefits package as more than half their brothers and sisters at the LIRR," Minton said in a statement.

Gerard Bringmann, chairman of the LIRR Commuter Council, the railroad's state-regulated rider advocacy group, said a work stoppage at the largest railroad in the U.S. "would be catastrophic," as the other options for commuters to get into New York City "are very limited and not very pleasant."

"We can only hope that the two sides can come to an agreement before it comes down to a strike," Bringmann said.

It’s been 31 years since LIRR unions last went on strike — a three-day work stoppage that was resolved over a weekend. LIRR union workers last voted to go on strike in 2014, but settled their contract three days before they were set to walk out.

Christopher Natale, who previously headed the LIRR’s signalmen’s union and is now retired, was involved in the 2014 negotiations, and believes a strike is more likely now than it was then for several reasons, including that President Donald Trump, unlike Barack Obama, is unlikely to appoint mediators sympathetic to unions.

So, whether the White House gets involved or not, a resolution acceptable to the unions may be hard to come by, Natale said.

"Now you’re forced into a corner, and you really have no other options, except to play it out," Natale said. "What else are you going to do? Otherwise, you blink, and the game is over."

Natale also noted that, unlike past contract battles, not all LIRR unions are on the same page. The unions representing just over half LIRR laborer — including the railroad’s largest labor organization, the International Association of Sheet Metal, Air, Rail and Transportation Workers — signed new contracts last year and are not involved in the ongoing negotiations.

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.