Tangle - The potential railroad strike.

Episode Date: December 1, 2022

Congress is trying to stop a potential railroad workers strike. But is Biden on the right side of the issue? Plus, a question about TikTok.You can read today's podcast here, today’s “Under the Radar” story here, and today’s “Have a nice day” story here.Today’s clickables: Quick hits (00:54), Today’s story (2:06), Right’s take (6:54), Left’s take (11:28), Isaac’s take (16:36), Listener question (21:53), Under the Radar (23:38), Numbers (24:29), Have a nice day (25:22)You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here.Our podcast is written by Isaac Saul and produced by Trevor Eichhorn. Music for the podcast was produced by Diet 75.Our newsletter is edited by Bailey Saul, Sean Brady, Ari Weitzman, and produced in conjunction with Tangle’s social media manager Magdalena Bokowa, who also created our logo.--- Send in a voice message: https://podcasters.spotify.com/pod/show/tanglenews/message Hosted on Acast. See acast.com/privacy for more information.

Can Indigenous ways of knowing help kids cope with online bullying? At the University of British Columbia, we believe that they can. Dr. Johanna Sam and her team are researching how both Indigenous and non-Indigenous youth cope with cyber-aggression, working to bridge the diversity gap in child psychology research. At UBC, our researchers are answering today's most pressing questions. To learn how we're moving the world forward, visit ubc.ca forward happens here. Based on Charles Yu's award-winning book, Interior Chinatown follows the story of Willis Wu, a background character trapped in a police procedural who dreams about a world beyond Chinatown.

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this is Tangle. Good morning, good afternoon, and good evening, and welcome to the Tangle Podcast, the place where you get views from across the political spectrum, some independent thinking, without all that hysterical nonsense you find everywhere else. I'm your host, Isaac Saul, and on today's episode, we're going to be talking about the railroads, the potential railway strike, what it means, Congress through and President Biden's involvement in all of this. And before we jump in, though, as always, we'll start off with some First up, Representative Hakeem Jeffries, the Democrat from New York, was chosen to become House Democrats' new leader, succeeding Nancy Pelosi. Jeffries is the first Black lawmaker to ever lead a party in Congress. Number two, the United States' gross domestic product, or GDP,

grew faster than economists expected last quarter, rising 2.9% at an annualized rate. Separately, Fed Chairman Jerome Powell suggests that he may ease up on interest rate hikes in the near future. Number three, severe storms that included hail and tornado warnings swept through Louisiana, Alabama, and Mississippi on Tuesday and Wednesday, leaving over 40 million people under tornado and severe weather warnings. Number four, Georgia is seeing record-breaking early vote turnout ahead of the December 6th Senate runoff between Senator Raphael Warnock, a Democrat from Georgia, and Herschel Walker, the Republican challenger. Number five, China's vice premier signaled that the country may ease its strict COVID policy,

pointing to the less severe Omicron variants. The remarks come on the heels of days of protests against the strict policies that are happening across the country. Following new developments tonight in the race to try to avert a crippling rail strike here in the U.S., tonight Democrats and Republicans in the House voting to enforce the tentative contract. Later today, the House will take up legislation to force a rail contract deal despite objection from union members. You know, we've talked so much over the past few years about supply chain issues, so the last thing you want to hear about is more essential supplies sitting on trains with no conductor to get it to the proper

destination. I think the Republican Party has become the party of blue collar workers. We are the party of truck drivers and steel workers and railroad workers. The Biden White House has screwed this up monumentally from the from the outset. Just earlier this week, President Biden called on Congress to immediately pass legislation that would impose an agreement his administration brokered on to unionize railroad workers. On Wednesday, the House quickly passed a measure to bind the parties to the agreement on a 290 to 137 vote. Some background here, there are about 115,000 railroad workers in the United States who operate some 140,000 miles of railway. For over two years, a group of 12 railway unions has been negotiating with railroad

companies to increase pay, paid sick leave days, and improve scheduling flexibility for workers. Labor unions petitioned Democratic lawmakers for mediation, which was granted. Then they asked to be released from the mediation, which prompted Biden to introduce a Presidential Emergency Board, or PEB, to resolve the dispute and avoid a strike. In September, the PEB issued recommendations for an agreement that secured 24% pay increases over five years, the largest pay increase for rail workers in four decades. It also included $5,000 in bonuses, retroactive to to 2020 and capped health insurance premiums at 15% of the total cost of the insurance plan. It also called for one additional paid sick leave day. Eight of the 12 unions agreed to the deal, but four unions representing more than

half the 115,000 workers rejected it. Biden celebrated the terms with a Rose Garden ceremony hoping to avoid a strike. However, with four railway unions standing their ground and rejecting the deal, and the rest promising not to cross the picket line, a strike looked inevitable. Typically, Congress cannot get involved in private labor disputes, but they have the power to weigh in here because of the Railway Labor Act of 1926, which created processes for government involvement. Though it has happened several times before, this is the first time in nearly 30 years that Congress has intervened ahead of a potential strike. So now what? With no deal struck, if Congress does not

intervene, rail workers would go on strike December 9th, a reality that could upend supply chains across the U.S. right before the holidays. Our rail systems move about 40% of all goods when measured by weight. A strike could cost the economy some $2 billion per day. On Wednesday, the House passed two separate binding resolutions. One replicates the deal struck in September with no sick days and is expected to pass the Senate. The other includes seven sick days and passed the House by a much smaller margin than the initial deal, and its fate in the Senate is much less certain. There was bipartisan griping about a congressional intervention, with Senator Bernie Sanders, the independent from Vermont,

expressing disappointment in Biden's decision to turn to Congress, and Senator Marco Rubio from Florida saying he would reject any deal that workers did not agree to. As a proud pro-labor president, I'm reluctant to override the ratification procedures and the views of those who voted against the agreement, Biden said in a statement. But in this case, where the economic impact of a shutdown would hurt millions of other working people and families, I believe Congress must use its power to adopt this deal. Today, we're going to look at some reactions from the left and the right, and then my take. First up, we'll start with what the right is saying. Many on the right want Congress to intervene and are happy Biden is averting a strike. Still, some call out the hypocrisy of Biden turning his back on the unions he says he supports.

Others say it's necessary to take care of the American consumer and the vast majority of other supply chain workers who would be hurt by such a strike. In The Hill, Gerard Skameka said Congress should intervene to prevent a strike. Congress has clear authority to intervene in such an instance and should do so. Consumers, domestic industries, and our economy cannot weather a rail strike during the holiday season. Congressional action, if needed, would still deliver favorable gains for workers, he said. Since the prospect of a rail strike cropped up in the summer, countless industries have made clear a strike would be unequivocally disastrous. No one understands this more than the White House, which not only brokered the deals, but celebrated them in a Rose Garden ceremony. All workers are important, but Congress must

weigh the actions of the problematic labor unions and their last-minute demands with the millions of workers who would be affected by a strike, he wrote. Why is the deal at hand good enough for most unions but not a few holdouts? And why would this handful of workers be more important than the millions of workers, many unionized, in industries ranging from agriculture to manufacturing to retail? The answer is obvious, and so too is the path for Congress if select unions call for a strike to derail the economy during its busiest season. We have reached the end of the line. Federal lawmakers must legislate the framework already signed by a union majority and agreed to by labor leaders, management, and the White House. The New York Post editorial board said Union Joe suddenly turned into union buster-in-chief.

President Joe Biden actually cares more about something than big labor, himself. He now wants Congress to force rail unions to take a deal and avert a catastrophic strike, even though some unions have already nixed it. What a departure from the collective bargaining above all approach he's long taken, the board said. Yet a rail strike now, right before the holidays, would send his approval ratings through the floor. It could put 765,000 people out of work within two weeks and cost the economy $2 billion a day, raise producer prices 4%, and even threaten access to vital chemicals needed to ensure clean water and feed for livestock. In September, Biden gloated about how the deal he'd secured then proved wrong those who doubted he could head off a strike. Oops, looks like it didn't,

the board said. But it did score points for Democrats, delaying potential labor action until after the midterms, though perhaps inviting the unions to demand even more. So now Union Joe has suddenly become union buster-in-chief, asking Congress to force a deal on workers and to hell with their choices. It's the correct move. No one wants a rail strike to nuke an already ailing U.S. economy. But it sure would be nice if the press finally understood that everyday businesses, taxpayers, and consumers are also sometimes threatened by greedy unions, and that disputes between management and workers should generally be left to themselves without Uncle Sam's thumb on the scale. The National Review editors said Congress should

act to avoid a strike. The major Review editor said Congress should act to avoid a strike. The major questions of labor negotiations, wages, and health care have been settled. Rail workers get retirement benefits directly from the federal government, and they far exceed Social Security. The wage increases is the largest ever negotiated under national bargaining. Rail workers' health benefits are classified as platinum under the Affordable Care Act and are some of the most generous of any private sector workers in the country, the editor said. Average annual total compensation, including benefits for freight rail workers, is $135,700. Approval of the deal would increase it to about $160,000.

The Presidential Emergency Board had rejected Union's proposal for 15 days of sick leave nationwide. Sick leave is currently negotiated at the local level, not in national bargaining. The PEB recommended it stay there. Sick leave in the rail industry is different than it is in other industries because of the 24-7 nature of the business, but plenty of sick benefits exist, the editors added. Depending on local agreements, some workers do get an allotted number of sick days. Adopting the Labor Secretary Marty Walsh-Biden agreement, which is what Biden called on Congress to do, in no way precludes unions from continuing to negotiate for more sick leave at the local level. The Walsh-Biden agreement is a fair deal, arrived at through the proper procedures,

and one that railroads and a majority of unions have accepted. Alright, that is it for what the right is saying, which brings us to what the left is saying. Many on the left criticize Biden for not backing the labor unions even if they strike. Some call out how much profit railway companies make and how easily they could fund sick days. Others say Biden is missing an opportunity to call for more sick days and paid leave for workers. In MSNBC, Ryan Cooper said that Biden picked the wrong side in the railroad union fight. It's Biden's most high-profile labor union action to date, and over an objectively tiny demand, just four days of sick leave, Cooper wrote. It also comes at a time of perhaps the greatest surge in labor militancy since the

1930s, when there is a real prospect of a serious union movement after decades of decline. That alone should make standing with the railway workers political gold for Biden. Not only were Democrats very seriously harmed by the decline of labor's institutional heft, today, unions have a 71% approval rating in Gallup Poll, the highest figure since 1965, and a 23 percentage point increase since 2010. That's probably why opportunists like Senator Marco Rubio, the Republican from Florida, are putting out statements supporting the workers, betting that they will be able to posture as defenders of the working class without actually having to hurt their big business patrons. The labor shortage that railways are struggling with only exists, as Matthew G. Nobuck reported in detail at the American Prospect, because of decades of consolidation and cost-cutting by rail

management, he wrote. Over the last several decades, 40 class 1 railroad companies merged together into just 7, cut back their investment in spare capacity, and slashed their workforce to the bone, a set of moves they called precision scheduled railroading, or PSR. PSR requires workers to be on call for up to two weeks around the clock and work shifts as long as 12 hours. No sick leave means people are coming into work with COVID or other illnesses. All that worsens the disruptions of constant travel associated with driving trains all over the country, making ordinary life stuff like going to the doctor difficult or impossible. Can indigenous ways of knowing help kids cope with online bullying?

At the University of British Columbia, we believe that they can. At the University of British Columbia, we believe that they can. Dr. Johanna Sam and her team are researching how both Indigenous and non-Indigenous youth cope with cyber aggression, working to bridge the diversity gap in child psychology research. At UBC, our researchers are answering today's most pressing questions. To learn how we're moving the world forward, visit ubc.ca forward happens here. The flu remains a serious disease. Last season, over 102,000 influenza cases have been reported across Canada,

which is nearly double the historic average of 52,000 cases. What can you do this flu season? Talk to your pharmacist or doctor about getting a flu shot. Consider FluCellVax Quad and help protect yourself from the flu. It's the first cell-based flu vaccine authorized in Canada for ages six months and older, and it may be available for free in your province. Side effects and allergic reactions can occur, and 100% protection is not guaranteed. Learn more at FluCellVax.ca. In popular information, Judd Legume said Biden was railroading workers.

In popular information, Judd Lagume said Biden was railroading workers. Among 22 highly developed nations, the United States is the only one that does not require employers to provide paid sick leave. Spain requires 16 days of paid sick leave, Belgium provides at least one month, and the UK generates at least 28 weeks. For more than a decade, members of Congress have introduced legislation, the Healthy Families Act, that would require all businesses with at least 15 employees to provide seven paid sick days each year. If the Healthy Families Act were law, there would probably not be a looming strike because the railroad companies would be legally required to provide paid sick leave. Providing 15 days of paid sick leave would cost the industry roughly $688 million per year, according to the rail

companies. But with railroad profit margins at record high, this cost would hardly harm profitability, he wrote. BNSF, one of the largest railroad freight carriers, saw its net income climb 4% to $4.5 billion in the first nine months of this year. Last year, the railway raked in $6 billion in profit, a 16% jump from the year prior. Its parent company, Warren Buffett's Berkshire Hathaway, also spent at least $32 billion since last year buying back stock. This tactic, which was considered a form of market manipulation until 1982, drives up stock prices by reducing the number of shares in the market. Last week, Buffett added $1.38 billion to his

net worth in a single day after Berkshire Hathaway closed at a high price. That's twice as much money as it would cost to fund 15 days of paid sick leave for every rail worker in the country. In the Washington Post, Paul Waldman said Biden is avoiding a railroad strike but missing an opportunity. We can use a number of frames to understand this story. Clock is ticking toward crisis is one. Two sides can't agree is another. Fed up workers demand basic human dignity from rapacious oligarchs would be another. Would that last one be so inaccurate, Waldman asked? For all Biden's words about his commitment to workers, most Americans can't see that his presidency has changed anything in the way they relate to their employers. When people start doing what only their jobs require, we wring our hands about quiet quitting as though we have a moral obligation to give our weekends and evenings to our employers.

What if he walked out in front of the cameras, called out the rail CEOs by name, and brought some good old-fashioned fire and brimstone? Imagine the response if the president said, Lance Fritz from Union Pacific, you got $14.5 million in compensation last year. Your company made $9.3 billion in profit. You spent $7.3 billion on stock buybacks to juice your share price, and you won't give the men and women who made that money for you four lousy sick days? Biden has talked about dignity at work before. If that seems like a novel concept, it's because everything about the structuring of the American workplace works

against it. And yes, he has appointed pro-labor people to key jobs in the government and rolled back cruel Trump administration policies. But he needs to use his platform more aggressively, not just from time to time, but all the time. time to time, but all the time. All right, that is it for what the left and the right are saying, which brings us to my take. So I actually feel pretty strongly about this story. Regardless of how you feel about unions, and my feelings are decidedly mixed, to me, there seems to be an obvious high ground here. Workers should get some paid sick leave that does not require them using vacation days. The absurdly rich executives stopping this deal from happening and the historically profitable

railway companies refusing to allow those sick days are on the wrong side of history. That's the fundamental position I'm starting from. When I think about how to improve our country, I am not arrogant or ignorant enough to only look to my immediate vicinity. We are the wealthiest nation in the world. We are perhaps the most innovative. We have one of the strongest democratic systems, one that is supposed to empower its citizens, and we have one of the most robust economies ever made. So, if we see other countries doing things better than we do, we should try to emulate them. Right now, there are a number of other countries I'd rather be a worker in than the United States. As many commentators

above pointed out, we are unique in our stinginess on paid sick leave. Many other countries give workers a month of paid time off for child care or to take care of a sick relative. Nearly all other wealthy developed nations have legal requirements for paid sick leave. Countries like Australia, France, Britain, and Germany guarantee 20 or more paid vacation days on top of holidays off. In this context, what the railroad workers are asking for is more than reasonable. And yes, the railroad companies can more than afford it. There's been a lot of talk in our country recently about the anti-establishment movement, the working class versus the corporate elite, the little guy fighting for their jobs back, their dignity back, taking one from the elites running the country. This rhetoric has been

embraced by the Trump right and the progressive left. Well, what is a better opportunity than this? Yes, some railway workers making $115,000 or $150,000 a year may be the envy of other blue-collar Americans, but railroad work has extremely stringent demands most workplaces don't. And if Union Pacific, the largest railroad in the country, went from $6.5 billion to $5.9 billion in yearly profit, it could cover the cost of 15 paid sick days for every railway worker in the country. They're asking for four. As Judd Legum noted, Warren Buffett added $1.38 billion to his net worth in a single day after Berkshire Hathaway closed at a high price last week. Berkshire Hathaway owns one of the largest railroad freight companies in the country. That $1.38 billion alone is twice as much money as the $688 million it cost for just 15 paid sick days.

They're asking for four. This story is not a novel one. The railways have restructured, cutting costs, firing people, beefing up corporate profits, and making workers' conditions more difficult. Their profits have soared, but the job has gotten harder, and our supply chain has been strained. Workers recognize this, and they want to be compensated not just in pay, but in working conditions and benefits. Even when I put on my hard-nosed, no-nonsense, anti-union capitalist cap, which isn't hard for me to find, there's still a good argument for the workers here.

Right now, we're in the midst of a labor shortage. We're living at a time when Americans are truly understanding the value and importance of our supply chain. The free market has determined that these workers are incredibly valuable because they'd be nearly impossible to replace. The workers recognize this, so they are striking literally while the iron is hot. If they strike, the country would grind to a halt. They have all the leverage. They know this. The railroad companies know this. The workers have been clear about what they want, and in sheer numbers, as in the total number of workers represented by the unions, they have rejected this deal. Without big government intervention, the workers could bring the entire supply chain to its knees and force the railroad companies to hand over what

they want. But instead, the free market is getting its hands tied behind its back by congressional legislation. Perhaps this is why we have the unusual spectacle of Senators Josh Hawley, the Republican from Missouri, and Bernie Sanders, the Independent from Vermont, both calling for Congress to pass the agreement with seven days of paid leave. Of course, Biden has a responsibility to the rest of the country. I get that. And I agree with many commentators on the right who say he has little choice but to prevent an economic calamity, especially given the moment we're in. These negotiations have gone on for three years, and through the normal processes have landed at a stalemate. The desire to just end this episode is strong, and in many ways, I share it. But that doesn't make it any less frustrating.

With the influence of the White House, it's not hard to imagine a world where Biden, the economic forces, and the national pressure push the railroad companies to give workers what they want before a strike even takes place. The pressure and attention would be unprecedented in modern times, and it'd be a win not just for the railroad workers, but for the millions of other Americans who want a tiny bit more flexibility in their jobs. Instead, though, Biden is balking. These are precisely the kinds of tough moments where he promised he would back workers and unions, but he isn't. Whether you agree with Biden's purported pro-union stance or not, it amounts to reneging on what he said he would do at a fork in the road like this. It may make the rest of our holidays a bit smoother, but the historical record will and

should reflect which side he was on when the stakes were the highest. on when the stakes were the highest. All right, that is it for my take, which brings us to your questions answered. This one is from Suzette in Milford, Ohio. She said, I would love to hear your opinion on TikTok. Is it as threatening as some conservatives are making it out to be? So on the one hand, I think there are plenty of signals that you should be wary. If you believe the U.S. government and military knows more than we do, which is something I do believe, then consider this. The military banned members from using TikTok on government or private devices. So did the Transportation Security Administration, the TSA,

and a handful of other federal agencies. On a pure scale level, TikTok is huge. One billion users means a lot of data. And in China, there are clear laws that could compel ByteDance, the company that owns TikTok, to hand that data over to the Chinese government. TikTok has maintained that in the U.S. it is subject to U.S. laws and regulations, but plenty of observers don't think that would stop the kind of data handover they worry about. On the other hand, it's not entirely clear what makes TikTok so much more dangerous than other social media platforms. If you're on Facebook, Twitter, and Instagram, or you share your location data on your phone, your data is already out

there. It is already easily accessible, and it's viable. All of us are more vulnerable to the threats TikTok poses than we probably imagine. To me, the biggest threat of TikTok is just how easily it could be used to push disinformation campaigns. If bad actors wanted to mine US users' data and push influence operations on TikTok, it would be hugely successful and easy to do. Personally, I don't use TikTok, and I think there is enough gray area there that I wouldn't download it, but I also think some of the language around it is hyperbolic, given what platforms most of us use and are already using. All right, that is it for Your Questions Answered, which brings us to our Under the Radar section.

Yesterday, the House Republican Conference changed several of its party rules, passing new motions designed by the right flank of the caucus. The conference passed a proposal to require five days' notice for any bills being considered under fast-track suspension rules in the House, a proposal to require the conference to consider any amendment that has 20% of the conference's support, a proposal to require a party meeting before consideration of any major legislation, and a proposal to expedite internal party motions in the House Republican Conference. Kevin McCarthy expedite internal party motions in the House Republican Conference. Kevin McCarthy, who is vying for the House Speaker Gavel, largely helped

build support for the proposals. Punchbowl News has the story and there's a link in today's episode description. All right, next up is our numbers section. The average total annual compensation, including benefits for freight rail workers, is $135,700. The estimated average total annual compensation, including benefits for those workers if they agree to the current deal, will be $160,000. The estimated percent of U.S. freight transported by the railways before the pandemic, including coal, lumber, ore, and chemicals, was 28%. The estimated percent of U.S. freight transported by the railways before the pandemic, including coal, lumber, ore, and chemicals, was 28%. The estimated percent of U.S. freight transported by truckers was 40%. The estimated number of additional long-haul trucks the country would need if the freight rails shut down is 460,000. The number of House Democrats who voted against the resolution

codifying the September agreement in Congress was 8. The number of House Democrats who voted against the resolution codifying the September agreement in Congress was eight. The number of House Republicans who voted against the resolution codifying the September agreement in Congress was 129. All right, and last but not least, our have a nice day section. A nine-year-old fourth grader in Wisconsin is being hailed as a hero after saving the life of a classmate who was choking. Essie Collier, a student at Rayson's Fratt Elementary School, successfully performed the Heimlich maneuver on a classmate after noticing her in distress during lunch on Tuesday. Samantha Bradshaw, a teacher who witnessed the event, said Essie managed to clear her classmate's airway in a matter of seconds. I've never seen a student react in that way before, Bradshaw said. Essie told reporters she had learned the technique from a YouTube instructional video when she was

seven years old. AP News has the story and there's a link in today's episode description. All right, everybody, that is it for today's podcast. Quick reminder, tomorrow is Friday. That means we are doing a Friday edition of the newsletter for Tangle members only. If you want to become a Tangle member, please go to readtangle.com slash membership. Otherwise, we'll be right back here on Monday. Have a good one. Peace. Our podcast is written by me, Isaac Saul, and edited and produced by Trevor Eichhorn.

Our script is edited by Ari Weitzman, Sean Brady, and Bailey Saul. Shout out to our interns, Audrey Moorhead and Watkins Kelly, and our social media manager, Magdalena Bokova, who designed our logo. Music for the podcast was produced by Diet75. For more from Tangle, subscribe to our newsletter or check out our website at www.readtangle.com. Based on Charles Yu's award-winning book, Thanks for watching! web is family's buried history and what it feels like to be in the spotlight. Interior Chinatown is streaming November 19th, only on Disney+. The flu remains a serious disease. Last season, over 102,000 influenza cases have been reported across Canada, which is nearly double the historic average of 52,000 cases. What can you do this flu season? Talk to your pharmacist or doctor about getting a flu shot. Consider FluCellVax Quad and

help protect yourself from the flu. It's the first cell-based flu vaccine authorized in Canada for ages 6 months and older, and it may be available for free in your province. Side effects and allergic reactions can occur, and 100% protection is not guaranteed. Learn more at FluCellVax.ca.