Over the last several weeks, rail issues have continued to reign supreme as a topic on Capitol Hill. S. 576, the Railway Safety Act of 2023, which Senators Sherrod Brown (D-OH) and J.D. Vance (R-OH) introduced as a response to the awful accident in East Palestine, OH, continues to gain traction as members of both parties support the legislation and the bill passing out of the Senate Commerce Committee. In fact, at the time this piece was written, there are five Republicans and six Democrats co-sponsoring the legislation, and the bill passed successfully out of the Senate Commerce Committee with support from both Republicans and Democrats. Truly, a bipartisan measure if there ever was one.
However, that doesn’t mean that the railroads, one of the most powerful lobbies in Washington, will lay down on this issue and go quietly into the night by accepting the bill’s provisions. Anyone can tell you that the railroads have historically not taken being told what to do lightly. And with the railroads’ continued opposition to important parts of S. 576, including ensuring adequate staffing levels and inspection times, it is clear they do not recognize the error of their ways and the need to embrace real and meaningful reform.
The fact that we are still seeing, on average, more than three rail accidents per day is a stark reminder that the railroads should not be opposing the reforms being supported on Capitol Hill. What S. 576 proposes is not earth-shattering. The measure wouldn’t have a dozen co-sponsors composed of Senators from both sides of the aisle if it was. But what the Railway Safety Act of 2023 does accomplish is providing long overdue, commonsense measures to improve safety. Those provisions include requirements for:
These are just a few of the provisions contained within the legislation. Is everything in the bill ideal? No. Rarely is legislation perfect. But as an association, we recognize that the good from this bill certainly outweighs the few parts with which we do not completely agree.
However, railroads have dug in, expressing “concern” with these reform efforts and enlisting their supporters to oppose these reforms, despite the fact that S. 576, and other rail reform legislation, are good policies for Capitol Hill to approve.
Last fall, this association joined the fray here in D.C. to recognize that rail union workers deserve 7-days of sick leave just like most other employees of private companies in the United States. Not a conventional pro-business political stance by any stretch of the imagination, but it was the right thing to do. While we may not have succeeded with the legislative effort led by Senator Bernie Sanders (I-VT) in December, railroads are quickly coming to the realization that yes, all rail workers should indeed receive sick leave. The public outcry in response to these legislative efforts forced railroads to change their tune on this issue because of mounting shareholder pressure. Essentially, shareholders got tired of the railroads looking foolish for not providing their employees with sick leave and started pressuring Class 1 railroad executives to change their policies. Since December, more rail unions have reached agreements with Class 1 railroads on 3-, 5-, and 7-day sick leave packages.
The point here is the railroads almost always dig in, not recognizing the error of their ways. Usually, cost is the reason for refusing to change. But in the case of the Railway Safety Act of 2023 and other rail reform legislation, it is high time for the railroads to embrace the change now as the longer this process drags out on Capitol Hill, the more foolish they will look. It is time for the railroads to get on board when it comes to meaningful rail reform.
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