WASHINGTON, D.C. -- President Bush’s veto Nov. 13 of a congressional bill to fund education, job training and health programs, also pulled the air on public law boards, which arbitrate rail-employee grievances, including claims of wrongful discharge.

The bill was intended to provide fiscal year 2008 funding for the National Mediation Board (NMB) through which public law boards are created and administered. 

The fiscal year 2007 budget for the NMB and public law board activities expired Sept. 30. The NMB, which funds public law boards, is operating under what is called a "continuing resolution," which provides interim funding in expectation of a 2008 fiscal year appropriation. But the uncertainty over fiscal year 2008 funding has forced the NMB to halt travel for arbitrators, and the NMB advised arbitrators not to hear public law-board cases.

Unless Congress overrides the veto of this fiscal year 2008 funding bill – and that is problematic given expected Republican-member reluctance to vote against the president – the freeze on public law-board activity could extend into 2008. A veto override requires a two-thirds majority in the House and the Senate.

"Some UTU general committees of adjustment have hundreds of grievances piled up; and the figure nationwide extends into the thousands," said UTU National Legislative Director James Brunkehoefer.

"Railroad employees," he said, "are victims, because under the Railway Labor Act, disputes involving contract interpretation must be submitted to binding arbitration -- so-called minor disputes. The law provides that in exchange for taking from rail employees the right to strike over contract interpretation disputes, grievance resolution by public law boards will be funded by the federal government."

As the UTU files some two-thirds of all cases heard by public law boards, UTU members, especially, are victimized.

A 1966 amendment to the Railway Labor Act created public law boards, which consist of one member from the carrier, one from labor and a neutral. The carriers and labor compensate their respective representatives, but compensation of neutrals -- including travel, office administration and wages -- is paid by the NMB through congressional appropriations.

Courts have no jurisdiction to resolve disputes over railroad contract interpretation. The reason, as articulated by the Supreme Court, is that the function requires specialized knowledge of railroad policies, jargon and the precedents established by past board decisions.