The Subcommittee on Transportation was called to order at 3:45 p.m., on Tuesday, March 9, 1999. Chairman Jerry Claborn presided in Room 3143 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Mr. Jerry Claborn, Chairman

Mr. John Carpenter

Mr. Tom Collins

STAFF MEMBERS PRESENT:

OTHERS PRESENT:

Rod Nelms, Assistant State Legislative Director,

United Transportation Union

Chairman Jerry Claborn explained the subcommittee was formed to discuss the issues surrounding A.B. 31.

Joe Guild, Union Pacific Railroad explained he did not want to repeat the testimony he gave to the full committee, so he would explain some of the problems he had with the bill. First, the bill as written, was illogical and would be almost impossible to implement. Mr. Guild stated the second problem with A.B. 31 was the requirement in section 1 for "two competent employees." The bill did not define what a "competent employee" was. It did say one employee must be certified engineer, which was defined in section 4, as "in accordance with Part 240 of Title 49 of the Code of Federal Regulations." So the bill did define a competent engineer but did not state a standard for the second "competent employee."

Mr. Guild continued with the third problem of A.B. 31, which was the Public Utilities Commission (PUC) exemption provision located in section 2. The exemption would only be allowed as long as the life or property of any person was not in danger as set forth in section 3 of the bill. Thus the only exemption could be granted for the second "competent employee," but again there was no standard set forth in the bill for that employee. The Nevada Revised Statute (NRS) 705 was the Public Utilities Commission railroad section of the law. The only standard set forth in the NRS was 705.240, which stated an engineer must be able to "read time tables and ordinary handwriting." The section did not address the endangerment of life or property which would be the only exemption status for the Public Utilities Commission. Mr. Guild explained the final problem with the bill was the Federal Railway Administration could, in the future, allow for one man crews because of technological advances. Thus the protection provided in A.B. 31 would be obsolete and the legislature would have to retract the law.

Assemblyman Carpenter asked if currently railroads had two employees on the trains. Mr. Guild explained the labor agreements in Nevada, as he understood them, required two people on every train. He thought Union Pacific Railroad required three people on train in certain parts of the country, but was not sure of those locations.

Mr. Carpenter clarified labor agreements currently provided for two employees on train. Mr. Guild affirmed the statement.

Mr. Carpenter wondered how long the labor agreements had been in place. Mr. Guild did not know, but would look into it.

Jack Fetters, State Legislative Director, United Transportation Union testified A.B. 31 was patterned after a Wisconsin bill, which Union Pacific Railroad contested in court and lost. The legislation was needed for public safety reasons, something Mr. Guild and the railroads did not mention. He agreed there were problems with the bill not defining "competent employee," but felt the railroads could define the phrase. He explained, as a conductor, he was required to take the Book of Rules test every 2 years to retain his conductor’s rating. If he did not pass he would be taken out of service. Thus there were standards for defining a "competent employee."

Mr. Fetters informed the committee the Federal Railway Administration had no set standard on the number of crew members present on a train. In 1981 there were four-man crews consisting of a conductor, engineer, rear brakeman, and head brakeman. When trains removed the caboose the brakeman positions were eliminated through attrition. The process worked well until 1990 when an arbitrator was appointed to settle a national contract dispute, who ruled against the unions. Congress mandated the brakemen positions would be completely eliminated, except in specific situations. Thus it was Public Emergency Board 219 that brought about two-man crews, not a labor agreement. He stated the unions desired A.B. 31 so a minimum standard for public safety would be set.

Mr. Carpenter reiterated his earlier question if there was a labor agreement which required two-man crews on train.

Mr. Fetters explained there was no labor agreement. Public Emergency Board 219 dictated brakemen were no longer required. Trains which required brakemen usually had work to be done enroute, but those were specific situations.

Rod Nelms, Assistant State Legislative Director, United Transportation Union agreed with Mr. Fetters testimony. A.B. 31 was not a collective bargaining issue but a public safety issue. The unions were not trying to protect jobs. It made sense to require "two competent employees" on a train in a state where a high volume of hazardous materials were transported over great distances.

Assemblyman Collins stated his problem with the type of legislation with which A.B. 31 dealt was one of management prerogative verses constituent comfort level. The question before the committee seemed to be one of employee competency. He felt, in Nevada, skilled workers were required to pass some form of a competency test or another, since certain requirements always had to be met. The legislature must always concede to federal laws, so if the United States Congress were to pass a crew requirement law for railroads A.B. 31 would be changed. He felt the bill was fair and workable for both parties. The bill did allow for future technological advances with the exemption status given to the Public Utilities Commission. He did not have any problem recommending passage of A.B. 31 because it presented a safe, logical comfort level.

Mr. Carpenter felt there should be two people on trains running across Nevada, but he did not want to legislate the requirement. However, if the railroads and the unions could not work the issue out themselves he would vote for passage of the bill.

ASSEMBLYMAN COLLINS MOVED TO REPORT DO PASS ON A.B. 31 TO THE FULL COMMITTEE.

ASSEMBLYMAN CLABORN SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY.

Mr. Claborn adjourned the subcommittee at 4:15 p.m.

RESPECTFULLY SUBMITTED:

Jennifer Batchelder,

Committee Secretary

APPROVED BY:

Assemblyman Jerry Claborn, Chairman

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