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Floor Speech

Date: Sept. 14, 2022
Location: Washington, DC

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Mr. WICKER. Mr. President, I seek recognition to speak on the same matter that Senator Burr has raised and will raise on the unanimous consent request.

Think of the economy right now, Mr. President. Inflation is at 8.3 percent or higher, our GDP is shrinking, and supply chains have not recovered from the pandemic. The last thing we need is a shutdown of this Nation's rail service, both passenger and freight. Yet that is what we are facing in less than a day and a half from this moment: a massive rail strike that will virtually shut down our economy.

Now, this didn't have to happen, but I will tell you, it has been going on since 2019. So we are in our third year of this matter. There has been negotiation among the rails, some 37 companies--including 7 major freight carriers--and 12 unions. They reached an impasse. So, pursuant to statute, the President of the United States, President Joe Biden, appointed a PEB, a Presidential Emergency Board, to help resolve this issue. They brought the parties together and have worked with the suggestions from both sides--both labor and management--and come up with their recommendation, which the President of the United States has endorsed in full.

We are now at the point where we are asking both labor and management to agree to this recommendation of the PEB. One hundred percent of management has agreed to this recommendation of the Biden-appointed Presidential Emergency Board. Of the 12 unions, 8 of the unions have agreed. So we have an overwhelming majority of the unions agreeing to this and 100 percent of management agreeing to it, but under the law that Congress, in its wisdom, passed years and years ago, we have to have 100 percent of the 12 unions, and there are 4 holdouts at this point.

Pursuant to the statute, when we get to a situation like this, Congress can step in, and that is what my friend is going to ask us to do in just a few minutes. Congress can pass the recommendation of the PEB in full. The Senate can pass it, send it over to the House, send it to the President, who has endorsed the recommendation in full, and we can avoid this strike. And that is what we ought to be doing.

So I want to commend my friend from North Carolina for his leadership in this case. If the trains stop running, our economy grinds to a halt. And that is the very reason this law is in place, and it is the very reason why it is incumbent on us as Senators and Representatives to pass a resolution implementing the PEB.

I yield to my friend.

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Mr. WICKER. Madam President, the objection has been heard and the Senator from Vermont has that right.

I wonder if the Senator would yield for a question concerning some assertions that he has made. It is my understanding--and the Senator is correct in this regard--only two of the unions have actually voted in favor of this plan. Six others have--their leadership has agreed, and we have tentative agreements with six of those. So six plus the two is the eight I mentioned.

Also, the Senator, I think, is mistaken in saying that there is no sick leave policy. That would be unbelievable for the rail industry in this day and age. It works a little differently for the rail. Railroad employees operate trains and have a leave policy under which they first indicate unavailability for work, and when that unavailability is the result of illness, then they receive sick pay through a sickness benefit under a statutory scheme.

The Presidential Emergency Board heard arguments on both sides, recommended an additional paid leave day. And, again, I would stress that this comes on top of a 24-percent wage increase.

But the thing that really strikes me about what my friend from Vermont said is he seems to cast doubt on whether President Biden is actually for this PEB recommendation, and that needs to be cleared up. If the Senator from Vermont is suggesting that President Biden is not behind this, then the White House needs to let us know immediately because when the PEB report was issued, the clear message from the White House is that President Biden was in favor of this and endorses this.

So if there are people in the White House listening to this, if the President of the United States is following this debate, then he needs to clarify this. If he is backing out on his support for the PEB, we need to know that.

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Mr. WICKER. Madam President, I appreciate the debate on this. Here is where we are on this issue. We are going to have a nationwide strike within a day and a half from now, midnight, 12:01 a.m., Friday.

There are two things that could stop this. The distinguished majority leader can bring this PEB recommendation to the floor, and we will produce the Republican votes to get President Biden's administration's recommendation enacted. Send it to the House. The other thing that can happen is for President Biden to do as I have called on him to do just a few moments ago--to make it clear that this is, in fact, his recommendation, his endorsement of the plan that has been put forward by the Board he appointed; make that clear and exercise the Presidential leadership that is needed at this point to persuade his friends and the four holdout unions that this is what needs to be done.

But that is where we are. If we don't have one of those two actions, then we will have done nothing, and we will see a strike and the economic devastation that the distinguished Senator from North Carolina has described. It is really up to the Democratic leader and the President of the United States.

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