Agenda
          Association of Commuter Rail Employees' position regarding plans to reorganize the Metropolitan Transportation Authority

About ACRE
          The Association of Commuter Rail Employees (ACRE) is headquartered at 420 Lexington Ave., Suite 215 in New York City. ACRE currently represents 1,500 transportation employees including Conductors, Engineers, Rail Traffic Controllers, Power Supervisors, Signalmen, Yardmasters and Hostlers on MTA/Metro-North Railroad. ACRE has been certified in democratically conducted elections administered by the National Mediation Board  to collectively bargain for these crafts with the MTA/Metro-North Railroad. ACRE won this right through elections conducted by the National Mediation Board against the United Transportation Union, the Brotherhood of Locomotive Engineers, and the Brotherhood of Railroad Signalmen by a combined total of 1,085 to 179.
          ACRE is the largest union on MTA/Metro-North Railroad and it is the first railroad union in the country to concentrate its services on the concerns of railroad employees in passenger service. Every year ACRE members provide 72 million customers in the New York and Connecticut metropolitan area with the safest and most reliable railroad passenger service possible. ACRE recognizes its responsibility to achieve its members' objectives through a cooperative effort with the MTA/Metro-North Railroad, the New York and Connecticut State Legislatures, and the Riding Public we all serve.

Metropolitan Transportation Authority Reorganization Plan
            On October 9, 2002, the Chairman of the Metropolitan Transportation Authority, Peter S. Kalikow, announced plans for a restructuring of the agency designed to cut costs and  improve service to its customers. Of immediate interest to the Association of Commuter Rail Employees was the provision that called for the merging of the two separate rail companies the MTA oversees, Metro-North Railroad and the Long Island Rail Road, into one entity the MTA Rail Road. The plan's proponents believe the restructuring proposal will ultimately save millions of dollars by consolidating the accounting, managerial and administration functions of the MTA. In the February 2005 report from New York State Comptroller, Alan G. Hevesi, the DOB set a savings target of $210 million dollars over three years although a detailed road map has not yet been presented.
In the October 2002 news release, Chairman Kalikow stated, "No MTA collective bargaining agreements will be unilaterally changed by the restructuring plans ... In
addition, union representation will continue to be determined by the wishes of our employees." Chairman Kalikow's assurance and the fact that the Long Island Rail Road and Metro-North Railroad each serve a different metropolitan region and neither duplicate service nor operate over any of the same trackage, led our organization to believe the reorganization proposal would have the smallest impact on the ACRE represented workers who make up Operations Services on MTA/ Metro-North Railroad.
          Actions in Washington however, took a different turn with the introduction of HR 5764 in the 107th Congress and HR 308 in the 108th Congress. These two bills sought to eliminate the collective bargaining agreements of ACRE represented employees on MTA/MN and replace them with the LIRR contracts covering ACRE represented crafts. Although both of these bills died with the close of their respective legislative sessions, warning flags were raised for ACRE representatives and their members.
To address our concerns, ACRE representatives have had ongoing discussions with the MTA's Director of Labor Relations, Gary Delaverson, who has repeatedly reiterated what Chairman Kalikow has expressed; that contract negotiations and recognized union representation will not be affected by the MTA's reorganization plans (copy of letter included). While ACRE is satisfied that the MTA has no desire to alter the collective bargaining process or the representation provisions contained in the Railway Labor Act, our organization recognizes that there have been competing pieces of legislation in Albany concerning the MTA's reorganization.
         ACRE appreciates the opportunity to meet with Corporations, Authorities and Commissions Chairman, Richard L. Brodsky, Committee on Transportation member, Robert K. Sweeney, and Assembly Majority Leader, Paul A. Tokasz, to discuss the legislative issues surrounding the MTA's reorganization and ACRE's concerns.

ACRE's Position and Concerns
         The Association of Commuter Rail Employees fully supports any reorganization plan designed to promote operational and administrative efficiencies while streamlining the MTA's organization. ACRE is aware that the MTA has undergone many changes since its inception and the public deserves increased transparency with regard to the MTA's finances and operations.
         ACRE's concerns are primarily in the area of collective bargaining and union representation. The laws governing collective bargaining and representation in the railroad industry are clearly spelled out in the Railway Labor Act (RLA) and the National Mediation Board is clearly recognized as the agency responsible for the administration of its regulations. Furthermore, the RLA has established certain rights granted to labor organizations in the area of collective bargaining and certain regulations to which it must adhere. Over the years, both the Long Island Rail Road and Metro-North Railroad have negotiated separate collective bargaining agreements under the NMB's authority.
Just as the MTA is evolving to meet its administrative needs, the Long Island Rail Road and Metro-North Railroad are two very different operations that have evolved over the years to meet their needs. Because the service areas are very different - geographical differences, travel patterns, political structure, community structure, recreational infrastructure - the collective bargaining agreements each railroad has negotiated over the years have likewise evolved to serve the needs of their own unique service area. The LIRR has long stretches of branch lines served by only one track and must manage choke points like Jamaica station while operating without terminal work rules. MNRR on the other hand, operates over three separate divisions in two states and must administer rush hour operations originating from a variety of different terminals. Work rules designed for specific needs on one railroad would only hinder the operation on another railroad. That is why bargaining agreements are tailored during contract negotiations.
         For these reasons, ACRE wants to make very clear that any legislation resulting in a reorganization of the MTA must include the same labor protections that are provided by the National Mediation Board's administration of the Railway Labor Act. These include the provisions covering the collective bargaining process and the representational protections that cover the certification of unions for the purposes of collective bargaining.
Finally, because seniority is the single most important personal protection provided to ACRE members under the administration of our collective bargaining agreements, ACRE would require language in any MTA reorganization plan to clearly state that the seniority rosters already established for our represented crafts will in no way be altered by any subsequent legislation. The legislation must contain language that would preclude the dovetailing of seniority rosters between active agreement employees of the LIRR and MNRR. 
ACRE appreciates the opportunity you have afforded us to voice our opinions and concerns and looks forward to working with all members of the New York State Assembly and Senate on issues that effect the employees we represent.