Little appetite thus far for congressional intervention to end NJ Transit strike

As state officials and NJ Transit engineers struggle to strike a deal and end the strike, a nuclear option looms: an act of Congress.

Under a nearly century-old railway law, the Railway Labor Act of 1926, Congress can require both sides to accept a contract, even if the union’s membership voted it down. Members of Congress did just that to prevent a freight rail strike in 2022, when Rep. Donald Norcross (D-Camden) was the sole New Jerseyan to vote against the imposed settlement.

Most of New Jersey’s passenger trains came to a halt at midnight on Friday thanks to a Brotherhood of Locomotive Engineers and Trainmen strike, worsening the state’s already-serious transportation woes. Among the Garden State’s congressional delegation, however, there appears to be little interest in getting Washington involved.

During a press call with reporters Friday afternoon, Rep. Josh Gottheimer (D-Tenafly) said the parties should remain at the negotiation table for now, but kept the door open for congressional involvement should the strike stretch on. He said congressional involvement (and involvement from President Trump’s administration, for that matter) should only come after other options for a solution have been exhausted.

“If they can’t figure this out soon, Congress will have to step in,” Gottheimer said. “I think the key is to keep the parties at the table now and see if they can find a solution. I’m hoping they can figure that out this weekend, and we should keep the pressure on all parties to figure this out.”

In various statements, Gottheimer’s congressional colleagues similarly pushed state officials and laborers to continue negotiating, with none hinting at a desire to legislate the problem away. 

“I am deeply frustrated by the labor impasse at NJ Transit and have stayed in touch with both sides,” said Rep. Nellie Pou (D-Paterson). “Engineers have been without a contract too long and our commuters have suffered enough. The railroad and the engineers union should get back to the negotiating table without delay, avoid a prolonged disruption in service, and reach a fair deal now.”

Fiery Republican gubernatorial candidate Bill Spadea, though, called on Congress to use the Railway Labor Act to ensure “commuters can get to work on Monday,” making him perhaps the highest-profile New Jerseyan to make such a demand. 

Gov. Phil Murphy said during a late-night press conference on Thursday that state officials have not heard from Washington about a potential congressionally imposed settlement.

“Congress has the right to intervene, should it decide,” Kolluri said.

BLET leaders reached a tentative agreement with railroad officials in March, but 87% of voting members elected to turn down the deal.

NJ Transit CEO Kris Kolluri said the parties have nearly reached an agreement on compensation, but said Transit officials are trying to structure the deal so a raise in wages won’t require a similar raise in wages for workers in other unions, known as a “me too” clause. Kolluri said such an agreement would be fiscally devastating for the agency.

Parties are next scheduled to negotiate on Sunday. NJ Transit had last shut down due to a strike in 1983.

“We went in fully expecting to reach a deal,” BLET NJT General Chairman Tom Haas said. “Unfortunately, New Jersey Transit was not willing to bridge that gap. This is not something we undertake lightly. We understand the impact a strike will have.”

Gottheimer said they should stay at the table 24/7 until a deal is reached: “Grab that coffee pot.”